Grounding Retrospective Solvency Analyses in Contemporaneous Information: Part I
Courts frequently use contemporaneous information to assess a debtor's solvency as of the date a disputed transfer was made or a disputed obligation was incurred. This is the first of three papers that provides a business valuation practitioner's perspective on how to use contemporaneous information to assess the debtor's solvency on the relevant date. This paper addresses the use of the debtor's contemporaneous stock and debt prices.Abstract

VFI's Share Prices (Left) and Market Capitalization (Right)

VFI's Bond Prices

TOUSA's Share Prices (Left) and Market Capitalization (Right)
Contributor Notes
Michael Vitti is a managing director at Duff & Phelps, LLC, and a business valuation practitioner who has worked on several solvency analyses, including two of the matters discussed in this series of papers: (1) VFB LLC v. Campbell Soup Company, and (2) financial advisor to the court-appointed examiner into Lehman Brothers' bankruptcy filing.