What I as an Expert Would Focus on

Plaintiff sould be entitled to examine Defedants books  to determine the accuracy of a book value calculation. The book value is the trust of the attorneys complaint bought to court on behalf of the client plaintiff . Whatever accounting method was employed to reach it, the court have considered as follows:

[E]xplained….the Supreme Court held that regardless of whether book value was an “indefinite” or “ambiguous” term under contract law principles, the unavailability of records to determine a book value made the contract unenforceable. 47 Mo. L. Rev. 345 (1982) http.//www/ foreclosurealternative./wordpress./

In other cases the Nonjudicial Foreclosure under Deed of Trust May Be held as a Fraudulent Transfer of Bankrupt’s Property–Durrett v. Washington National Insurance Co.; because planitff could not examine the books to validate the accuracy of a book value computation. According to M. Soliman …its all about the book  for assets held at the basis. In there is an “unavailability of Defendants books financial records, it would circumvent the Plaintiff from exercising his right to examine the books in order to assess the accuracy of the foreclosure as what is in effect a repurchase and buyout price,” the court wrote.. .  [b]ecause Plaintiff could not validate book value, the “contract cannot be enforced regardless of how the term could be defined,”

Furthermore the court wrote, “…and contrary to the trustees  argument, book value “is not just any value that may be arbitrarily entered upon the books of a company.”


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