Funding for Insolvency

Funding of claims arising out of insolvency and restructuring, which allows insolvency practitioners to finance all or a portion of the legal fees and costs of their litigation and thereby pursue recoveries for the estate whilst managing risk.

Provided the claim meets IMF Bentham Asia’s investment criteria (meritorious claim, enforceable against a solvent defendant), there is a wide suite of finance options available. Minimum claim size is assessed on a case by case basis. These options can be used separately, or in combination.

  • Funding for the insolvency practitioners’ and lawyers’ fees associated with pursuing the claim, capped to an agreed budget.
  • Funding for related disbursements such as barrister fees and expert reports.
  • Funding for any adverse costs and security for costs orders.
  • Preliminary funding for the costs of investigating potential claims, including counsel’s advice, other expert reports.

Our funding is non-recourse, meaning we are only paid if the case is successful. On a successful resolution, IMF Bentham is typically entitled to reimbursement of the amounts it has paid plus a fee, calculated as a percentage of the resolution sum or a multiple of the amount invested. The amount of the fee depends on the case and its duration. The fee is less if the case resolves sooner.

Click here to download the IMF Bentham Asia brochure.

To apply for funding, please contact us.