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200314087
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Last modified
10/16/2011 8:18:14 AM
Creation date
10/28/2005 4:02:04 PM
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DEEDS
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200314087
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20031408'7 <br />ability to personally do the body work and not personally meet with insurance <br />adjustors and customers. <br />The two methods of valuation are basically mutually exclusive of each other. <br />Petitioner's method ignores the ability of the corporation to earn money and the <br />Respondent's method ignores the assets and liabilities of the corporation. But having <br />found that the $445,800 is not realistic given the facts in this particular business, the <br />court is left with the only other evidence in the record - -book value. Book value has <br />been accepted as a proper method of valuation by the courts. Bryan vs. Bryan, 222 <br />Neb. 180 (1986); Kricsfeld vs. Kricsfeld, 8 Neb.App. 1 (2000); Else vs. Else, 5 <br />Neb.App. 319 (1997). Respondent's expert Groeteke acknowledged that the book <br />value of the corporation as of December 31, 1999 was $60,905. <br />The only other determination to be made is date of valuation. Book value as of <br />December, 3, 2000 as testified to by Respondent's expert was $60,905. While the <br />Courts have generally valued assets as of the date of trial, recent pronouncements <br />have indicated that other dates may also be appropriate. The parties separated May, <br />1999. Neither expert used figures for the full year of 2000 in making their <br />calculations. Both parties at trial indicated they had bought additional assets and <br />incurred debts since separation which were not on the Property Statement. The Court <br />concludes that there is a rational basis for valuing the corporation as of December 31, <br />1999. <br />H. Mortgages or Contracts on Real Estate <br />Petitioner shall assume and pay and hold the Respondent harmless on the mortgage <br />to First Commerce Mortgage Company (H1). <br />I. Secured Creditors <br />The Petitioner testified at the time of trial that the real estate taxes on the residence <br />are delinquent for the years 1999 and 2000. Petitioner shall pay the real estate taxes <br />and hold the Respondent harmless thereon. <br />J. Unsecured Creditors <br />Petitioner shall assume and pay the debts listed at J1, J2, J3, J4, J5, J8, and J9 and <br />hold the Respondent free and harmless from any liability thereon. <br />Respondent shall pay the debts listed at J6 and J7 and hold the Petitioner free and <br />harmless from any liability thereon. <br />
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