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Barry M. Klayman and Mark E. Felger Barry M. Klayman and Mark E. Felger

The purchase and sale of claims held by creditors against debtors in a bankruptcy proceeding has become a big business. The motivations for the buyer are varied. They include making a profit on any distributions in the debtor’s case above the price paid to the seller, obtaining the right to vote on the debtor’s plan of reorganization, and participating more generally in the debtor’s case. The seller gets a guaranteed return without having to wait for the bankruptcy to run its course.

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