Restructuring & Insolvency

How we can help you:

Solvency test

•  We will conduct a legal and financial review to determine whether the legal definition of bankruptcy has been met. 
• We will analyse possible solutions to the company’s financial difficulties through the instruments of bankruptcy and pre-bankruptcy law. 
• We will legally evaluate the intended actions of the company (e.g. dividend payment) and their compliance with insolvency and commercial law. 
• Following the result of the solvency test, we will make recommendations to the management – late filing of an insolvency petition or other omissions in insolvency situations may give rise to personal liability of the members of the statutory body.
•  A solvency test can be performed not only in relation to your company but also in relation to key suppliers – early detection or avoidance of failures in the supply of goods or services can prevent a number of issues in your business. 

Voluntary internal restructuring 

• Following the solvency test, we will determine where it is possible to save or raise funds and avert insolvency. 
• We will provide legal advice on the necessary increase of liquidity through the monetisation of non-core assets or the entry of a strategic investor. 
• In cooperation with our colleagues from Deloitte Advisory, we will identify and introduce suitable strategic investors for your company. 

Preventive restructuring 

• We will create a reorganisation plan to suit your needs, present it to your creditors, negotiate with them and help you implement it. Your company can thus recover financially without any negative publicity impact.

Reorganisation assistance in insolvency proceedings 

• If insolvency cannot be averted by non-insolvency means, we will provide you with the necessary assistance in preparing a reorganisation plan. 
• We will negotiate with your creditors to get them to agree to the reorganisation plan and ideally a 'prepackaged' reorganisation will be adopted. 
• We will guide you through the reorganisation so that all your debts are eliminated, and your company complies with the reorganisation plan with the minimum restrictions on your business activities. 

Investments in distressed assets 

• We will identify a suitable strategic investor or strategically suitable assets for investment. 
• We will conduct negotiations with the counterparty to make the investor’s entry or purchase of distressed assets as advantageous as possible for you and prepare all necessary documentation. 

Representation of a creditor in insolvency proceedings 

• We will represent you in insolvency proceedings from the beginning to the end – we will file a claim and exercise all your rights in the insolvency proceedings in order to achieve the highest possible settlement.