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Expert Analysis

Claims Trading — Taking The Good With The Bad

Law360, New York (April 30, 2014, 4:46 PM EDT) -- Over the years, claims trading has become the norm in bankruptcy cases. Claims are bought and sold for various reasons, including to liquidate a position, make money and/or leverage a claim into ownership of the debtor. Regardless of the reason, litigation has arisen as to whether the buyer of a claim will be subject to the same attacks as the original claim owner. Based upon recent case law, the courts seem to be saying yes....

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