Litigation Finance And Its Uses In Bankruptcy

By Travis Lenkner (July 25, 2017, 10:18 AM EDT) -- Legal claims held by bankruptcy estates often are the only basis for recovery for unsecured creditors. And yet — for obvious reasons — estates may be hard-pressed to maximize the value of these assets. Enter litigation finance, which is increasingly used in the bankruptcy arena to help generate meaningful recoveries.

When capital is scarce and risk appetite is low, bankruptcy trustees may elect not to pursue potentially valuable claims, or they may be forced to settle at a low amount due to a lack of resources. Trustees may lack money to pay lawyers (who themselves may be unable or unwilling to...

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