LOFFCORisk Management

Insolvency

Financing estate claims: a guide for trustees and receivers

Insolvent estates often hold their most valuable assets in claims they cannot afford to pursue. How third-party capital fits within a court-supervised process.

When a company fails, the claims it holds against former insiders, professionals and transferees can be worth more than its remaining hard assets. Yet the estate usually lacks the cash to litigate, and creditors are reluctant to advance more money after absorbing a loss.

Where financing fits

Third-party capital lets a trustee, liquidator or receiver retain qualified counsel and experts, fund forensic work and pursue claims to resolution. Because the financing is nonrecourse to the estate, creditors do not bear the downside of an unsuccessful case.

Common claim types

  • Preference and fraudulent transfer actions
  • Breach of fiduciary duty by directors and officers, often backed by insurance
  • Professional liability claims against auditors and advisers
  • Claims against lenders, insiders and affiliated entities
  • Recovery actions in receiverships that follow investor fraud

Court approval

Financing for an estate generally requires approval from the supervising court. Terms should be clear on the funder's return, the order in which proceeds are paid, and the office-holder's continued control of the litigation. A well-structured proposal anticipates creditor questions and shows why the arrangement improves expected recoveries.

Early investigation

The best estate cases are built on forensic work performed early: tracing fund flows, identifying recipients and confirming insurance. Modest early funding for this analysis often determines whether larger litigation is justified.


This article is general information, not legal or investment advice.

All insights

Confidential case review

Start with a nonprivileged overview

Send a short summary of the dispute, the parties and the capital need. We answer every submission within five business days. Substantive materials come later, once a confidentiality framework is in place.

Submit a matterInvestors