Background

Insolvency cases often involve intricate legal processes and significant financial burdens. This case study explores how ALFA provided litigation financing to a fictitious company, Greenfield Construction, to support them in an insolvency dispute. This funding not only helped Greenfield Construction manage their financial risk but also enabled them to achieve a favorable outcome.

Company Overview: Greenfield Construction

Greenfield Construction is a mid-sized construction company known for its high-quality infrastructure projects. Due to unforeseen economic challenges and a major client defaulting on payments, Greenfield Construction found itself in an insolvency situation, needing to pursue legal action to recover assets and stabilize their financial position.

The Challenge

Greenfield Construction faced an insolvency dispute involving the recovery of significant assets tied up with a defaulting client. The litigation process was expected to be complex and costly, posing substantial financial challenges for Greenfield Construction.

Key Challenges:
  1. High Litigation Costs: The case required substantial financial resources for legal fees, forensic accounting, expert witnesses, and extensive discovery.
  2. Operational Strain: Allocating funds to cover litigation expenses would strain Greenfield's operational budget and limit their ability to maintain ongoing projects.
  3. Uncertain Outcome: The financial risk associated with an uncertain litigation outcome was a major concern for Greenfield's management team.
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ALFA's Solution

ALFA provided Greenfield Construction with a comprehensive legal funding solution tailored to their needs. The funding package included:

  1. Capital Advance: ALFA provided an upfront capital advance of $2 million to cover the immediate costs of the litigation, including attorney fees, forensic accounting services, expert witness costs, and other necessary expenses.
  2. Non-Recourse Financing: The funding was structured as non-recourse, meaning Greenfield would only repay if they won or settled the case favorably. This significantly reduced the financial risk for Greenfield.
  3. Risk Assessment: ALFA's team conducted a thorough risk assessment of the case, offering Greenfield valuable insights into the strengths and potential challenges of their legal strategy.
Use of Funds

The $2 million in funding provided by ALFA was allocated as follows:

  1. Legal Fees: $1 million was allocated to cover the fees of a top-tier legal team specializing in insolvency cases.
  2. Forensic Accounting: $500,000 was used to hire forensic accountants to uncover and document the financial discrepancies and asset locations.
  3. Expert Witnesses: $300,000 was set aside for expert witnesses to provide testimony on financial matters and industry standards.
  4. Discovery and Documentation: $200,000 was allocated for discovery processes, including the collection and analysis of evidence and documentation.
Results

With ALFA's support, Greenfield Construction was able to pursue their insolvency case without compromising their financial stability or operational efficiency. The key outcomes included:

  1. Effective Risk Management: The non-recourse nature of the funding minimized Greenfield's financial risk, allowing them to proceed with the case confidently.
  2. Improved Cash Flow: The capital advance ensured that Greenfield had the necessary funds to cover litigation expenses without diverting resources from their core operations.
  3. Favorable Judgment: The case was resolved in Greenfield's favor, resulting in the recovery of significant assets that compensated for their losses and covered the costs of the litigation.
  4. Financial Stabilization: By successfully navigating the insolvency dispute, Greenfield was able to stabilize their financial position and continue focusing on their construction projects and growth.
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Conclusion

This case study illustrates how ALFA's legal funding solutions can empower companies to pursue complex and costly insolvency litigation without compromising their financial health. By providing tailored financial support and expert risk assessment, ALFA enabled Greenfield Construction to manage their contingent risk effectively, achieve a favorable outcome, and continue focusing on their business growth.

For more information on how ALFA can support your company's legal funding needs, contact us today.

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