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.
Presented By
Mr. Desatnik is an associate in the Business Solutions, Governance, Restructuring & Bankruptcy Group. He earned his J.D. from Columbia Law School, where he graduated as a James Kent Scholar and Harlan Fiske Stone Scholar. Mr. Desatnik practice focuses on the representation of debtors, creditors’ committees, equity committees, and creditors in chapter 11 cases and out-of-court restructurings.
Mr. Dundon founded the firm in 2016. He has been a global credit, litigation and distressed investment leader for over 13 years (research head at Miller Tabak Roberts Securities 2006-2010, and portfolio manager at Pine River Capital and Advent Capital 2010-2016), including dozens of litigation-intensive investments and trading opportunities. Corporate finance lawyer and analyst 1998-2006. University of Chicago JD, University of California at Berkeley BA.
Ms. Kalava is a financial expert with over 12 years of professional experience in the field of finance, including valuation services, public accounting, and financial planning and analysis (FP&A) consulting. She works primarily with private, closely-held companies. Ms. Kalava earned a Master of Science degree in Finance from the University of Tampa and a Bachelor of Science degree in International Business and Management, with minor in Finance. She holds a Certified Valuation Analyst (CVA), Master Analyst in Financial Forensics (MAFF) and Accredited in Business Valuation (ABV) credentials.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, June 28, 2022
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Valuation purposes and methodologies
- Key junctions in the case for valuation
- Causes of action and litigation claims
- IP
- Intangible assets, such as goodwill
- Contingent assets and future value
- Industry-specific issues
- Issues with financial experts
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?
