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Bankruptcy and Difficult Valuation Issues: Allocation, Intangibles, Contingent Assets

Strategies for Secured Creditors

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, June 28, 2022

Recorded event now available

or call 1-800-926-7926

This CLE webinar will guide bankruptcy counsel for lenders through increasingly difficult and dizzying valuation issues in business bankruptcies. The program will discuss how to measure the worth of intangible, contingent, and other hard-to-value assets, issues created by more complex financial structures, and challenges with appraising new types of collateral. The panel will offer insights from jurisdictions that have rulings on many of these issues.

Description

In bankruptcy, valuation drives everything: from first-day orders to solvency analysis in avoidance actions, adequate protection, priming, confirmation, cram up and cram-down. Counsel must assist judges in valuing not only companies, collateral, and securities but may other types of unusual, complex, and hard-to-value assets.

Plans more frequently propose to pay creditors with proceeds of intangible and contingent assets, such as warrants to purchase equity in the new debtor, litigation claims and causes of action, intellectual property, goodwill, insurance recoveries, or other contingent assets. The increasing use of NFTs and highly volatile assets--like bitcoin--further complicate these processes.

Valuation is not an exact science but involves interpreting information using sound judgment, which introduces discretion and uncertainty. In some cases, the valuation may resemble nothing other than educated guesses or predictions. Knowing how to navigate these issues is critical to protecting a creditor's position.

Listen as this seasoned and astute panel of bankruptcy attorneys and valuation experts highlights the latest trends and best strategies for dealing with challenging and ever-more complex issues in valuation.

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Outline

  1. Valuation purposes and methodologies
  2. Key junctions in the case for valuation
    1. Causes of action and litigation claims
    2. IP
    3. Intangible assets, such as goodwill
    4. Contingent assets and future value
  3. Industry-specific issues
  4. Issues with financial experts

Benefits

The panel will discuss these and other vital issues:

  • What are best strategies for valuing intangible and contingent interests?
  • What do the parties do with NFTs and other similar assets?
  • How does the debtor's financial structure affect valuation?
  • What should junior lienholders scrutinize?
  • What types of experts are needed?

Faculty

Dundon, Matthew
Matthew Dundon
Principal
Dundon Advisers

Mr. Dundon founded the firm in 2016. He has been a global credit, litigation and distressed investment leader for over...  |  Read More

Desatnik, Daniel
Daniel Desatnik
Attorney
Proskauer Rose

Mr. Desatnik is an associate in the Business Solutions, Governance, Restructuring & Bankruptcy Group. He earned his...  |  Read More

Kalava, Nataliya
Nataliya Kalava, CVA, ABV, MAFF
Managing Director and Founder
American Valuations

Ms. Kalava is a financial expert with over 12 years of professional experience in the field of finance, including...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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