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Valuation Disputes in Bankruptcy Litigation
In contested bankruptcy cases, success in litigation ' over issues such as the enterprise value of the debtor ' can determine the success of the reorganization and, ultimately, who controls the company upon emergence. As there often exists the possibility of such litigation, management and the board of directors should be aware of (and plan for) certain dispute-related “facts of life,” long before the company files in court. Absent such awareness, the company could inadvertently set the table for disaster in a litigated dispute.
Damaging Internal Communications
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