Litigation claims held by bankrupt or distressed entities pose a unique set of challenges to bankruptcy lawyers and practitioners.
The most obvious challenge is unlocking the value of pending litigation when capital and appetite for risk are scarce. As a result, potentially valuable claims may not be pursued at all—or settled for an amount far below what could be realized with proper resources—even when those claims contain extraordinary potential value or are the only means of recovery for unsecured creditors.
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