Litigation Funding in Bankruptcy: Increasing Leverage for Debtors, Enhancing Recovery for Unsecured Creditors
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss how nonrecourse investment from litigation funders can be used by companies seeking to restructure and to improve stakeholders’ recovery. The program will cover how litigation finance can offer greater leverage to debtors and unsecured creditors and free up cash, as well as increase the odds of a successful reorganization. The panel will discuss what scenarios work best, pre- and post-petition funding issues, deal terms, protecting attorney-client privilege, dealing with secured lenders, and jurisdictional issues.
- Overview of litigation funding, its history, and leading firms
- Unique aspects of bankruptcy funding
- Jurisdictional and choice of law questions
- Funding claims of the debtor
- The 363 sale model of financing
- Funding litigation trusts
- Navigating court approval
- Conflicts with secured lenders
- Protecting privileged information
The panel will review these and other key issues:
- What is litigation funding, and how is it different in bankruptcy?
- What kind of cases are most attractive to investors?
- What does the debtor's counsel need to know, and when does counsel need to know it?
- What considerations must be given to secured lenders in negotiating the terms of any facility?
- Does litigation funding spawn priority contests or avoidance litigation?
- What law governs litigation funding?
- How do you protect attorney-client privilege?
Howard Brod Brownstein (Moderator), CTP
President and CEO
The Brownstein Corporation
Mr. Brownstein provides turnaround management and advisory services to companies and their stakeholders, as well as... | Read More
Mr. Brownstein provides turnaround management and advisory services to companies and their stakeholders, as well as investment banking services, fiduciary services, and litigation consulting, investigations and valuation services. He also serves as an independent corporate board member for publicly-owned and privately-held companies, as well as large nonprofits.Close
Amy T. Geise
Associate Investment Manager, Legal Counsel
Ms. Geise helps steer Omni Bridgeway’s bankruptcy and insolvency initiative from the company’s Houston... | Read More
Ms. Geise helps steer Omni Bridgeway’s bankruptcy and insolvency initiative from the company’s Houston office, where she frequently works with debtors, creditors, and other stakeholders to optimize the value of their claims. She is also experienced in helping commercial litigants outside of the bankruptcy context to obtain non-recourse funding for their disputes.Close
to be announced.
Buy Live Webinar
Early Discount (through 12/18/20)
Buy Live Webinar & Recording
Includes special savings of $250 (through 12/18/20)
Live Webinar & Download
Live Webinar & DVD
$344 + $24.45 S&H