James C. Thoman, a partner at Hodgson Russ, and Craig T. Lutterbein, an associate with the firm, write that expert opinion testimony is often the key to successfully contesting the enterprise value of a debtor in possession. After an expert has demonstrated that his opinion testimony is admissible as evidence, the second hurdle is convincing the court that his opinion is the correct opinion. As one recent decision demonstrates, the failure of an expert to apply accepted valuation methodologies in a nonbiased manner will prevent a court from seriously considering the expert's testimony.
Admissible and Persuasive Valuations of Debtors-in-Possession
New York Law Journal
May 20, 2013
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