Restructuring, Bankruptcy and Insolvency
We offer an integrated, multidisciplinary team that draws upon all of Deloitte Legal’s expertise groups, particularly Finance & Banking, Corporate, M&A, Real Estate, Dispute Resolution and Employment Law & Benefits, as well as all of Deloitte's other service lines, particularly Consulting, Financial Advisory and Tax, that provides specialized legal assistance for both debtors and creditors in a broad array of industries.
Services for the purchaser of a company in distress/assets from a company in distress:
- Transaction assistance in preparation of the transaction documents and negotiation with debtor;
- Assistance during the implementation process: ensure transfer of shares/assets free of encumbrances, registration formalities, employees matters, competition clearance;
- Assistance further to the acquisition: representation in court for challenging decision of judicial administrator or liquidator, creditors' assembly etc.
Services for the creditor of a company in distress:
- Analysis of the contract originating the claim and security documents, registration of the claim and securing priority against other creditors, if possible;
- Analysis of position in insolvency files;
- Analysis and assistance for challenging preferences;
- Assistance during creditors' assemblies;
- Assistance in preparing and sustaining a reorganization plan;
- Court representation in various insolvency related aspects.
Services for the company in distress:
- Prescreening the potential insolvency requests by assessing whether the legal conditions for opening of proceedings are met;
- Debt restructuring in pre-insolvency phase;
- Screening the insolvency requests and assessing the actual risk of the debtor in entering the insolvency procedure;
- Assistance during judicial proceedings both in front of courts of law and towards the creditors.
Services for the shareholders/directors:
- Advice on proper conduct both before and after the commencement of proceedings;
- Assessing the risk of proceedings against shareholders/management/directors.