Valuation Litigation

The recent <i>In re Heritage Highgate, Inc.</i> decision provides important lessons to bankruptcy litigators addressing the shifting burdens of proof required in valuation litigation under Section 5 (a) of the Bankruptcy Code.

25 minute read November 26, 2012 at 02:12 PM
By
Samuel H. Israel, Joshua T. Klein and Brian R. Isen
Valuation Litigation

On May 14, 2012, the United States Court of Appeals for the Third Circuit issued its opinion in the case of In re Heritage Highgate, Inc., 679 F.3d 132 (3d Cir. 2012), concerning the lien of a junior secured creditor and the creditor's treatment under the debtor's Chapter 11 plan of reorganization.

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