InvestorsHub Logo
Followers 5
Posts 1269
Boards Moderated 0
Alias Born 03/23/2010

Re: famous post# 23659

Thursday, 11/11/2010 9:00:46 AM

Thursday, November 11, 2010 9:00:46 AM

Post# of 24889
The Debtors' estates must be valued as a going concern using recognized valuation methods. In re Bush Indus. 315 B.R. 292, 299 (W.D.N.Y.) “For purposes of the cram down provisions of 11 U.S.C § 1129(b), the debtor must demonstrate its present value as reorganized entity”. To determine debtor's total enterprise value (TEV) courts must determine what is a hypothetical willing buyer would pay for the debtor's assets. Absent compulsion or distress. In re United States V. Cartwright 411 U.S. 546,551 (1973) (“The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts”)(From Treas. Reg.§ 20-2013-1 (b). Additionally, the valuation of the Debtors for purposes of confirmation must include “all assets, even those a buyer may not value ” In re Coram Healthcare Corp., 315 B.R. 321, 341 (Bankr D. Del 2004)( finding that inclusion of net operating losses (NOLs) was proper since their value was preserved for the reorganized debtor under the plan)(emphasis added)

'Courts of bankruptcy are essentially courts of equity, and their proceedings inherently are proceedings in equity.'

Join the InvestorsHub Community

Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.