Restructuring and Insolvency
Since the beginning of our professional careers, we have been intervening regularly and frequently in the planning, design, negotiation and execution of both corporate restructuring operations (Mergers, excisions, assignments of assets and liabilities, contribution of productive units, leveraged acquisitions of companies and assets) As well as transactions in insolvency situations (refinancing companies in crisis, acquisition of loans and uncollected loans, etc.).
We will attend and we will be an active part in the negotiations, always focused on your objectives and we will undertake the writing of the necessary legal documents (Confidentiality Letters, Agreements of Intentions, Pacts between Members, etc.) and the execution of the operation in notary and applicable registers.
We advise companies in economic and financial crisis in order to achieve quick decision-making and their extrajudicial or judicial execution (application for prebankruptcy or bankruptcy), executing restructuring plans, including the disposal of assets, business units, etc. In our advice to creditors we design the most effective credit recovery strategies, advising on and executing guarantees as well as negotiating with the Insolvency Administrators in order to maximize the recovery of credits, as well as advising on the acquisition of assets from companies in crisis.
We also advise business administrators, Counsellors, Managers and Attorneys not only at the time of decision-making, but also in the planning and execution of acts that could lead to a potential assumption of responsibility. We also assist companies, shareholders and creditors in their extrajudicial, judicial or arbitral claims against company’s Administrators, Directors, Managers and Proxys in cases of liability (within any ambit of corporate, commercial, tax, labour, environmental and/or criminal law) and in particular in cases of seeking liability relating to insolvency processes. We will also advise clients in the analysis and execution of Civil Liability Insurance of Directors and Officers (D&O Insurance policy)both in relation to the Insurance Company and, as the case may be, in a judicial or arbitral claim of its execution.