How Hedge Fund Managers Can Address Common Issues and Risks When Enforcing Judgments Against Debtors

Numerous hedge funds are adept at making investments based on the outcome of litigation. While the main type of foray garnering attention in this field has been litigation finance, the acquisition of unexecuted judgments has become an increasingly attractive opportunity. For more on litigation funding as an investment, see “In Turbulent Markets, Hedge Fund Managers Turn to Litigation Funding for Absolute, Uncorrelated Returns” (Jun. 24, 2009). Before acquiring one judgment, let alone an entire portfolio of them, however, there are a number of issues that a hedge fund manager’s in-house counsel must consider in order to accurately render advice to management. In a guest article, Craig Weiner and Michael A. Kolcun, partner and associate, respectively, at Robins Kaplan, review the considerations relevant to investors in unexecuted judgments or that hedge funds should consider before acquiring a pool of such judgments. Specifically, they outline considerations for determining if a judgment is legally enforceable and the likelihood of successfully enforcing that judgment; tools to maximize recovery and minimize expenses in the enforcement process; and advice for dealing with recalcitrant debtors. See also “Enforcement in the Cayman Islands of U.S. and Other Foreign Judgments: How Safe Is It for Hedge Fund Managers to Allow Judgment to Be Entered by Default?” (Jul. 1, 2011).

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