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Tag Archives: Valuation

Domestic Relations – Equitable Distribution – Valuation – Husband’s Business (access required)

Swaney v. Swaney The valuation of the defendant-husband’s business could be based on the assumption that a covenant not to compete and an employment agreement would be included in a deal between a willing buyer and a willing seller. We affirm the trial court’s equitable distribution order, including its valuation of defendant’s business.

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Domestic Relations – Equitable Distribution – Valuation – Family Business – Marital Home – Post-Separation Payments (access required)

Williamson v. Williamson In finding that the parties’ family business was worth $26,500 on the date of separation, the trial court indicated that it relied on the plaintiff-husband’s valuation of the business. However, a review of the record shows that the husband did not value the company at $26,500; moreover, the husband gave conflicting testimony about the company’s value. We vacate the equitable distribution order and remand for further proceedings.

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Domestic Relations – Equitable Distribution – Valuation – Family Business – Marital Home – Post-Separation Payments (access required)

Williamson v. Williamson In finding that the parties’ family business was worth $26,500 on the date of separation, the trial court indicated that it relied on the plaintiff-husband’s valuation of the business. However, a review of the record shows that the husband did not value the company at $26,500; moreover, the husband gave conflicting testimony about the company’s value.

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Bankruptcy – Real Property – Mortgages – Valuation – Fair Market Value (access required)

In re Clarendon Holdings, LLC Where the debtor seeks to surrender its encumbered real property to the creditor in satisfaction of the creditor’s secured claim, the court finds it appropriate to value the property at its fair market value rather than its liquidation value. The court concludes that the value of the property the debtor proposes to surrender to the creditor in satisfaction of the creditor’s $487,229.14 claim is $475,000, which is the fair market value as determined by the creditor’s expert. The remaining amount of the creditor’s claim will be dealt with in the debtor’s plan as an unsecured claim.

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Domestic Relations – Marital Property – Valuation – Alimony – Attorney’s Fees – Equitable Distribution (access required)

Johnson-White v. White. (Lawyers Weekly No. 11-16-0185, 25 pp.) (Ann Marie Calabria, J.) Appealed from New Hanover County Superior Court. (J.H. Corpening, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court did ...

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