North Dakota (ND) Valuation CLE Course Catalog

Many businesses thrived and grew during the COVID-19 pandemic, while others died on the vine. How do you understand the value of distressed businesses in a post-COVID-19 world? This panel will explore how to evaluate post-COVID-19 business plans and tax strategies to enhance and preserve value.

This panel will discuss common valuation challenges and responses, and provide insight into piecing together multiple valuation techniques. The panelists will also touch upon identifying reasonable comps for similar companies and precedent transactions, reliance on/restating projections, and where valuation and liquidation analyses blend together, including non-cash-flowing assets.

This panel will focus on the impact of government funding and other recovery programs on valuation in health care, life sciences and other industries. The panelists also will discuss how traditional methods of valuation are being challenged by the current situation, and the programs that have emerged to address the resulting distress.

Chesapeake Energy, an exploration and production company, filed for chapter 11 on June 28, 2020, in the Southern District of Texas and emerged from bankruptcy on Feb. 9, 2021. This session’s panelists, all of whom were involved in the bankruptcy court hearings, will contrast (in a non-advocating fashion) the different valuation methodologies used by the debtors’ and UCC’s valuation experts with the primary legal arguments raised by the debtors’ and UCC’s legal teams.

While COVID-19 has led to a substantial increase in the number of bankruptcy filings, its impact on valuation issues in the context of chapter 11 cases is less clear. Employing their differing perspectives, the panelists will explore how the uncertainty created by COVID-19 has affected the analysis of issues like plan feasibility, cost of capital, the pricing of risk, and the application of valuation methodologies in chapter 11 proceedings, with a particular emphasis on retail cases.

Up-tier exchanges, covenant-stripping and removal of collateral from secured lenders' reach have been in vogue for some time, going back to the Marblegate district court opinion and its reversal on appeal. The immense number of capital-chasing deals that have occurred since have continued this trend, and that obviously affects valuation, especially in litigated cases. This panel will explore the key issues involved, and how valuation plays a role in how disputes are resolved.

This webinar is part of the GPSolo Series, a range of CLE programs helping General Practice, Solo and Small Firm Practitioners with their legal needs. You will learn how to satisfy your ethical obligations, simplify administration of your estate, and finally, develop a plan to extract value from your firm as a reward for all your efforts to establish a successful practice. It's never too early to start planning so you can leave your family an asset, not a liability.

The panel will discuss the state of distressed and bankruptcy related investing, including where they currently see opportunities, their thoughts on the credit cycle, what may drive the next wave of bankruptcies, the potential effects and repercussions of the leveraged loan market, the role of CDS and the “empty creditor” dynamic, and the impact of BDC’s, CLO’s and direct lending firms.

This panel will focus on the most important adequate-protection issues, including current cash payments in the form of legal fees for “secured” creditors, how diminution in value claims for different types of assets are determined, how intercreditor agreements may limit junior secured creditors’ rights to demand and receive adequate protection, and the valuation of assets.