Case Study: Liquidation Using Portfolio Funding

By John Freund |

How is portfolio funding valuable during liquidation? One case study may help explain.

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An LFJ Conversation with Michael Kelley, Partner, Parker Poe

By John Freund |

How is portfolio funding valuable during liquidation? One case study may help explain.

LCM details that the case in question involves the liquidation of a trading entity that was part of a group of construction and development businesses. The complexities of the liquidation combined with accusations of misconduct led to the liquidator spending a disproportionate amount of time assisting with the ASIC investigation, and being largely unfunded.

By entering a portfolio funding arrangement with a legal funder, non-recourse funds are provided. The claims themselves are cross-collateralized, lowering the funder’s risk. This type of funding supports the pursuit of all meritorious claims—not just the most lucrative few.

Ultimately, portfolio funding can increase the size of recoveries in a liquidation case while ensuring that funding is priced fairly and all claims are followed to completion.

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