Valuation

Gain practical insight for owners, investors, lawyers and financial advisors to properly structure on the front end of a transaction in order to mitigate the risk of a subsequent fraudulent transfer challenge.

This session will take a look at different valuation techniques, including asset approaches, market approaches and income approaches. Concepts such as time value of money, discounted cash flows, determining the discount rate and cost of capital, and terminal value assumptions will be illustrated. Comparable companies and precedent transactions to establish the relative enterprise and equity value of firms will also be examined and discussed.

There is divisiveness on several fronts in the valuation community. Splits exist among circuits and other venues. This panel will identify key controversial valuation issues that prevail among practitioners and the courts, and offer insights to understand the focal points of each controversy.

The Momentive decision is one of the most momentous decisions concerning secured creditor cramdown in recent years. This panel will review the Supreme Court’s Till decision and post-Till developments and explore the Momentive decision, focusing on the decision’s impact on and importance for future restructurings.

BAPCPA contained a number of provisions meant to assist the debtor in the art of valuation. The valuation process is more important than ever given recent Supreme Court rulings on exemption limits. This panel will revisit the statutory provisions of the Code and discuss recent cases dealing with the appropriate methodology to be employed by the debtor when completing the bankruptcy schedules — and how that valuation impacts the ultimate administration of the case by the trustee.