Bankruptcy, insolvency and corporate restructuring.

Providing legal support in cases of bankruptcy, insolvency and restructuring is both complex and sensitive. Although the past two years have been particularly busy, our corporate restructuring team has years of prior experience. Building on this, we provide comprehensive advice to companies in trouble, and creditors’ seeking redress. Today we have an acknowledged reputation for delivering effective resolution.

As in other practice areas we favour an integrated approach combining relevant practice disciplines such as real estate, banking, equipment, securities, tax, bankruptcy and litigation specialists to form a coherent solution.

For insolvent companies or those declaring bankruptcy we advise on the consequences of trading insolvently. Depending on the legal jurisdiction there may or may not be a legal definition of insolvency. The two most used scenarios are :

• Balance sheet insolvency - when the value of a company's liabilities exceed the assets
• Cash flow insolvency – when a company is unable to pay its debts when they become due for payment

In either case and worldwide, it is the duty of the owners and the Directors of a business to maximise cash and assets on behalf of the creditors, not shareholders. However, before a business is declared bankrupt it may well be possible to restructure the operations and the assets in order to continue trading. 

The experience and expertise of our restructuring team will provide the most efficient advice and decision structures on all aspects of restructuring and insolvency, including corporate and debt restructuring, as well as participate in procedures on solvency recovery of companies and advice on the structuring of agreements involving distressed assets.

For insolvency committees, secured and unsecured creditors, we also render a complete range of services from drafting to conducting an analysis of recovery plans and settlement agreements.

Our experience in legal due diligence during the pre-restructuring stage, support in recovery and bankruptcy procedures, financial reorganisations and representation of clients’ interests in court proceedings help us achieve reasonable decisions for our clients.

Additionally the Corporate Restructuring team regularly participate in disputes relating to the insolvency of State Companies’ and provide advice on all aspects of financial reorganisation for open joint stock companies.

Our expertise in bankruptcy, restructuring and insolvency covers numerous issues including:

• Legal due diligence of businesses during preparation for debt and company restructuring.
• Advice on solvency recovery of companies or bankruptcy;
• Representation of clients’ interests in court proceedings upon solvency, recovery of debtors or declaration them bankrupt;
• Structuring agreements involving distressed assets.

If you think your company may be insolvent and you would like advice on how to restructure and move forward call 012128. or email here

If you are a creditor and seek redress or need to organise acreditors committee call 129012 or email here.