Selling a bankruptcy claim may seem like an ordinary affair, but it can have many pitfalls for the first-time seller. If you have done adequate research and have decided to sell of your bankruptcy claim then the tips in this article may help you a great deal. Keep in mind that when trying to sell bankruptcy claims, it is a typical situation of “seller beware” and always, always go into the fine print of any assignment agreement sent to you by an investor.
Before selling off your claim, be certain whether your claim is listed in Schedule F properly, whether you have filed your proof of claim, whether statutes of limitations can affect your actions, and whether you have any preferential exposure. If everything is okay, then you need to analyze the situation and decide whether it is right to sell off your claim or not.
If you do decide to sell off your bankruptcy claim, keep in mind that the investor like Jonathan Feldman of patriot exploration is bearing your risk in order to profit and try to do things reasonably. That said, here are five tips for you to follow to increase your safety in trading bankruptcy claims:
1. If you are not an expert investor do not attempt to become one overnight: Unless you are knowledgeable, experienced, and equipped to analyze accurately the potentials of a claim, do not try to beat investors at their own game. In volatile markets, it can be a risky strategy to hold on to claims based on intuitions that they are worth much more than offers received. Bankruptcy is one of those few catastrophic moments when people lose control and logic – do not allow yourself to be overwhelmed either by panic, or by greed. Do not speculate.
2. Don’t take price as the only factor while selling off a bankruptcy claim: As I discussed in the opening paragraphs, there are many terms and conditions hidden in any assignment form provided by an investor. More than the price, it is those terms and conditions that matter when trading in bankruptcy claims. Purchasers are usually unwilling to negotiate changes and try to compel a set of terms that reduces their own risks. So, it is important to research the purchaser, find out their reputation in purchasing distressed debts, and their record of paying in time.
3. Determine prices for disputed amounts: If your claims are properly listed in the bankruptcy by the debtor, then most purchasers would be willing to pay upfront for that portion of your claim which is undisputed. Usually payment on disputed amounts is deferred until the dispute is resolved at court. If you are selling off your bankruptcy claim, make sure that the purchaser agrees to purchase any disputed amounts later approved by the court at the same rate the purchaser paid for the original amount. In a great many cases, first-time sellers do not realize this point, though later their claims increase in size.
4. Ask for higher price if you have any preferential exposure: Under bankruptcy law claims are prioritized and claims having a higher priority need to be paid first and in full before claims of a lesser priority can be considered. Since all claims within the same priority share pro rata, you can and should ask prices that are proportionate to the priority of your claim. So if your bankruptcy claims have a higher priority, you can ask for a higher price. If you hold secure claims or administrative claims – they will have a higher priority than general unsecured claims and you can sell them at a much higher price than going rates for unsecured claims.
5. Analyze the offer with surgical precision: And if you are not competent to analyze the assignment form or purchase offer properly, do seek expert advice. Investors would always try to minimize their risks and put in terms and conditions like claim refund provisions. In case of a claim refund provision being accepted, if the claim is disallowed by the court, the purchaser of your bankruptcy claim can compel you to buy it back and return the original purchase price along with interest.
In general, while analyzing a purchase offer check the interest rate, the conditions that compel refund (for instance there can be clauses where the purchaser can claim a refund upon the simple filing of an objection), and the time-period you are allowed between defending an objection and being compelled to return the consideration. Another thing you need to find out is who has the ability to defend your claim. Does the onus of defending your claim fall solely upon you? Can the purchaser compromise any disputes without your consent?
Be very sure of all representations, warranties and indemnities written into the purchase offer for your bankruptcy claims. Sometimes purchase offers hide clauses that make you liable for amounts over and above the consideration or simple refund of the purchase price – a host of costs like attorney’s fees, lost profits and other things can be saddled on to you, if you are not careful, and just go after whoever is paying the highest for buying your bankruptcy claims.
Tags: bankruptcy claims, jonathan feldman patriot exploration