New York Law Journal
  • Home
  • News
  • Decisions
  • Columns
  • Practice Areas
  • My NYLJ
  • Careers
  • Courts
  • Verdicts
  • Public Notices
  • Smart Litigator

Home > Valuing Forbearance in Fraudulent Transfer Actions

Font Size: increase font decrease font

Previous

  • 2
  • 3
  • 4

Next

Valuing Forbearance in Fraudulent Transfer Actions

December 3, 2012

  •    
  •    
  •    
  •      
 

• The time it will take for these scenarios to develop

• The probability of the expected outcomes in each scenario

• The cash flow associated with each of the potential outcomes

• The risks associated with the receipts of those cash flows

The facts and circumstances often surrounding forbearance lead naturally to the use of decision tree valuation techniques due to the multiple potential outcomes and restructuring events that may arise with or without forbearance. For example, in the circumstance where forbearance is not received by the company the following factors may apply:

• The business is able to make other arrangements and is able to survive—Probability: 10 percent

       - The business is then able to take advantage of certain circumstances allowing it to achieve superior profitability—Probability: 5 percent

       - The business continues to struggle achieving only modest profitability—Probability: 95 percent

• The business is unable to remain solvent and pay debts as they become due, resulting in filing for bankruptcy protection—Probability: 90 percent

Contrast this to the following set of outcomes if forbearance is provided:

Continue reading

Previous

  • 2
  • 3
  • 4

Next



Subscribe to New York Law Journal

You must be signed in to comment on an article

Find similar content

Firms mentioned

    
  • Wilmer Cutler Pickering Hale and Dorr

Companies, agencies mentioned

    
  • Dorr
  • Positive Health Management
  • First State Bank of Red Bud
  • BBVA Compass Bank
  • AppliedTheory Inc.
  • Stillwater Nat'l Bank
  • Palladin Overseas Fund
  • Forensic Services
  • Exide Inc.
  • Hudson United Bank
  • Bnp Paribas
  • John Wiley & Sons Inc.
  • First National Bank
  • Credit Suisse Group AG

Key categories

    
  • Bankruptcy and Creditors and Debtors Rights
  • Law Firm Partners
  • Litigation

Most viewed stories

    
  1. Legal Services NYC Employees Strike; Lower Intake Expected
    •      
  2. Stop-and-Frisk Judge Relishes Her Independence
    •      
  3. Circuit Reverses Intentional Bias Finding in City Firefighter Hiring
    •      
  4. Donovan Criticizes Secret Payoff to Lopez Victims
    •      
  5. U.S. Supreme Court Examines Voting Rights in Two Cases
    •      
lawjobs.com

TOP JOBS

MORE JOBS

POST A JOB

From the Law.com Network

3-D Printing: The Next Big Thing in IP Law?

Best Legal Departments 2013

News Corp. Hires Ex-Skadden Communications Chief Bush

Law Firm Leaders' Confidence Slipping, Says Survey

Contrite Companies Can Win Forgiveness in Bribery Cases
  •      
    • Subscription Required

Plaintiffs Want to See Toyota's 'Crown Jewels'
  •      
    • Subscription Required

CEIC: the Destination for Digital Investigation

Using Computer Forensics to Investigate IP Theft

Prolific ADA Plaintiff Faces Nemesis in Harassment Suit

Ullyot Exit Closes Chapter for Facebook
  •      
    • Subscription Required

Rothstein Bankruptcy Trustee Files New Reorganization Plan
  •      
    • Subscription Required

Fla. Bar Wants Disbarment for Former Judge
  •      
    • Subscription Required

Bar Candidate Quits N.Y. Job To Satisfy N.J. Practice Bylaw

Pro Bono Work Proposed as Condition for Bar Admission
  •      
    • Subscription Required

The Affordable State-Specific Practice Solution
Available in NY, NJ, PA and CT editions - research, draft and prepare even the most complex cases with ease.

Judge in Stop-and-Frisk Case Relishes Her Independence

Ground Is Shifting in 14-Year Litigation

High Court Names Evers as the FJD's Court Administrator
  •      
    • Subscription Required

Third Circuit Rules Against Citgo in Case Over Oil Spill

Law Schools Are Looking Beyond LSATs, Says Mich. Dean

Is Freezing Your Eggs the Solution?

Litigator of the Week: Who Needs a Jury Consultant?
  •      
    • Subscription Required

Sanction Reversed; Filing of Sexually Explicit Chat OKd
  •      
    • Subscription Required

DeKalb Judge Dismisses, Then Recuses

Jury Finds For Attorney In Legal-Mal Case
  •      
    • Subscription Required

Corporate Bribery Case Part Of National Trend
  •      
    • Subscription Required

Court Continues To Grant Lawyers Fraud Immunity
  •      
    • Subscription Required

  • Books
  • Advertise
  • Contact NYLJ
  • About NYLJ
  • RSS
  • Subscribe
  • About |
  • ALM Properties |
  • ALM Reprints |
  • Customer Support |
  • Privacy Policy |
  • Terms & Conditions |
  • ALM User License Agreement
ALM Media