Making the Most of a Litigation Trust’s Retained Causes of Action

Hosted by the Unsecured Trade Creditors and Bankruptcy Litigation Committees

When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit — with tools sharpened and up to date — is essential to preserving and maximizing value. This panel covers statute-of-limitations issues, including the Golden Creditor Rule; identifies pitfalls to avoid when bringing derivative claims, including in pari delicto; reviews lessons learned in bringing claims against equity sponsors; revives the concept of lender liability; provides tips of the trade for maximizing insurance recoveries; and explains the § 546(e) safe harbor jurisprudence, among other relevant topics.