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Entries tagged “lawsuitfinance”

“True Sales” in Litigation Funding Agreements

insights “True Sales” in Litigation Funding Agreements John J. Hanley · “True Sales” in Litigation Funding Agreements Douglas J. Schneller · February 4, 2021

An issue that keeps some litigation funders up at night concerns the possibility of a claimant filing for bankruptcy after receiving funding and before their underlying case is resolved.  Proceeds from the case may become property of the bankruptcy estate and made available to the transferor’s creditors.  A carefully drafted litigation funding agreement (“LFA”) can…

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Litigation Finance Waterfalls

insights Litigation Finance Waterfalls John J. Hanley · December 29, 2020

“Look with open eyes and you will see the beauty of the waterfall.” – Anthony T. Hincks   A key term in pricing for litigation finance (sometimes called litigation funding) is the order of priority in which litigation proceeds are paid to parties with an interest in the matter including the litigation funder.  This is known…

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