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Sabin, C. Levy Pen Article on Valuation Methodology

Bankruptcy Law Center, Dec. 14, 2011 — Partner Jeff Sabin and of counsel Carol Levy co-authored the article, “Bankruptcy Valuation Methodology in Practice,” which discusses the unique challenges bankruptcy courts face in valuing causes of action. “Complex estate causes of action may be difficult to value, but then again so are closely held businesses, illiquid investment securities, intellectual property, mineral rights and artwork,” they said, noting that courts have managed to appraise these forms of value based primarily on expert opinion and underlying data. “What is unique about valuing causes of action, however, is that the bankruptcy court must also consider, and render a general judgment concerning, the likelihood of success on the merits of the litigation, thus delving into the legal issues that are the subject of the cause of action and the potential defenses, cross-claims and counterclaims that may be asserted in the litigation.”
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