A new joint study by the Insolvency Law Academy and Burford Capital sheds light on how legal finance is gaining traction as a strategic tool in the India's insolvency processes. By enabling distressed entities and professionals to monetize contingent assets without exhausting limited estate resources, legal finance has the power to enhance liquidity and improve recovery outcomes for creditors.

An article by Burford Capital unveils how legal finance-backed structures can convert contingent claims into tangible value, supporting corporate continuity and delivering stronger creditor returns. The study highlights India’s unique factors: abundant untapped recoveries from avoidance claims and disputed receivables, widespread capital shortages faced by insolvency professionals, and the need for prompt liquidity solutions. It also references real-world case studies showcasing how legal finance facilitated strategic wins for firms like Hindustan Construction Company and Patel Engineering.

On the regulatory front, judicial rulings—such as in Tomorrow Sales v. SBS Holdings (2023)—have explicitly recognized the legitimacy of legal finance in India’s litigation ecosystem. Meanwhile, updates to the IBC now permit the assignment of “not readily reali[z]able assets” during liquidation, laying groundwork for integrating legal finance into the insolvency framework. Nonetheless, the regulatory landscape—including aspects of FEMA compliance and fund repatriation—remains cautiously permissive.

Emerging operational structures include direct estate financing, SPV‑based claim ring‑fencing, and creditor assignments for immediate value. The report urges a “light‑touch” regulatory approach, alongside the development of codes of conduct and educational efforts to arm insolvency professionals and creditors with the know‑how to deploy legal finance effectively.

Looking ahead, as India’s insolvency infrastructure matures, legal finance is poised to play a central role—unlocking value in distressed assets, bridging funding gaps, and aligning with global best practices.

Burford Capital’s new push to take minority stakes in U.S. law firms is already meeting resistance from tort-reform advocates and insurer-aligned groups, who argue the structure could blur loyalties inside the attorney-client relationship. The plan, described by Burford’s chief development officer Travis Lenkner as “strategic minority investments” to help firms scale, would rely on managed service organizations (MSOs) that house back-office assets while leaving legal work to a lawyer-owned entity. Supporters cast it as a lawyer-friendly alternative to private equity; skeptics see a back-door end-run around state bars’ bans on non-lawyer ownership.

An article in Insurance Journal reports that critics, including the Florida Justice Reform Institute’s William Large, warn MSO-style deals could tilt decision-making toward investors focused on “big verdicts,” threatening firm independence and client interests. Only Arizona permits direct non-lawyer ownership today, and while Utah and Washington, D.C., have loosened rules at the margins, most states still enforce bright-line prohibitions.

The debate has sharpened as disclosure and licensing regimes proliferate: at least 16 states now require some level of third-party funding transparency. The Insurance Journal piece also notes a recent Texas Bar ethics opinion that green-lights MSOs for law-firm services under narrow conditions, though it doesn’t answer the broader question of outside investors’ influence. For its part, Burford says it understands the ethical guardrails and intends to be a passive investor focused on firm growth and operational support.

For the legal finance industry, the MSO path signals a pivotal test. If bars and courts accept these structures, capital could flow directly into firm operations—potentially accelerating portfolio origination, technology spend, and fee-earner leverage. If regulators balk, expect renewed calls for explicit rulemaking on ownership, disclosure, and control—alongside creative alternatives (credit facilities, revenue shares, and hybrid portfolios) to replicate MSO-like benefits without the governance controversy.