In this blog Mark discusses the challenges IPs face when funding litigation to maximise returns for creditors, and the decisions they have to make.
Litigation is expensive. Whether that is a case brought by a creditor seeking to recover a disputed debt, by a creditor pursuing a director (for example, under the terms of a personal guarantee, or where the director is liable as a result of the wrongful re-use of a company’s name), or by an Insolvency Practitioner (“IP”) appointed by the creditors as liquidator or Trustee in Bankruptcy to look at ways to get their money back, that cost creates potential barriers. How that cost is funded needs careful consideration.
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