Bankruptcy / Insolvency

Gain advantage and liquidity for a bankruptcy estate or litigation trust by using Omni Bridgeway’s insolvency litigation financing to access high-quality counsel and experts without risking estate recoveries. 

The bankruptcy funding solutions that our company offers include pre-litigation and pre-confirmation investigations, working capital, fees and credit funding and monetizing appeals.

Or use our company’s financing to meet the needs of your law firm’s clientele while getting a piece of the upside and aligning your interests with those of the clients.

 

 

Typical Uses

  • Paying legal fees and debt for avoidance actions and claims including breach of fiduciary duties, insurance coverage, turnover and tax recoveries, recoupment and setoff issues, equitable subordination and contested matters (i.e., 9019, plan/sale process)
  • Covering estate or trust expenses including expert and other litigation expenses with contingency counsel, pre-litigation and pre-confirmation investigations and general administrative fees and expenses
  • Insolvency regimes such as debtor in possession and exit financing
  • Paying for costly pre-litigation or pre-confirmation claims analyses
  • Providing a liquidity event that allows an estate or trust to bring new claims, pay other loans and expenses or make distributions to creditors
  • Monetizing judgments, de-risking and funding appeals

 

Features

  • Non-recourse – not due for repayment in the case of unsuccessful results
  • Customizable based on need, including (in certain jurisdictions) for credit associated with establishing legal claims identified in the course of investigating the affairs of companies, including liquidator’s examinations, counsel advice, other expert reports, etc.
  • Available at any stage of insolvency litigation and in most jurisdictions
  • Includes expert claims management services in jurisdictions outside of the U.S.
  • Extends to disbursement funding, adverse costs cover and security for costs orders in cost-shifting jurisdictions
  • Available for deployment at mutually agreed intervals

Criteria

  • Strong prospects of the funded party achieving successful results in the dispute
  • Clear ability for the opposing party to pay (enforcement services available from our team)
  • Anticipated judgments exceeding 10x the requested funding amount. 

How it Works

The process of applying for credit and financing from Omni Bridgeway is easy and efficient. Contact us to discuss your funding needs and the assets intended for use as collateral. Our team will assess the opportunity and propose bespoke terms depending on the complexity and risk of the investment and your unique needs including insolvency or bankruptcy cases.

 

If you have a case that meets our criteria,
if you are interested please contact us.

Case Studies

Professional negligence claims by the liquidators of Orient Power Holdings Ltd and related entities

We provided finance for professional negligence claims against Ernst & Young, auditors of Orient Power Holdings Ltd, an entity listed on the Hong Kong stock exchange.

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Claim by an insolvent gaming company against a predatory lender

In Canada, we are funding an action by an insolvent debtor, Bluberi, against its main lender, who it alleges acted in a predatory way in order to cause Bluberi’s demise.

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Professional negligence claims by liquidators of listed Hong Kong company against auditor

On a confidential basis, we provided finance for US$200m professional negligence claims against an auditor relating to the collapse of a substantial listed gold and jewellery business.

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Let’s work together

We’re excited to learn about your needs and how we can help you accomplish your key financial goals. Send us a message or view our global contacts page to speak with a particular professional in one of the 20 cities where our teams are located. 

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