Restructuring / Insolvency

Very often, crisis situations are caused by reasons that are independent or not attributable to the business owner. Restructuring and bankruptcy proceedings are primarily aimed at saving the company and are based on the so-called second chance principle raised to the level of the Restructuring and Insolvency Directive (EU) 2017/1132.

It is therefore a clear departure from the earlier, unilateral model of bankruptcy proceedings, which consisted almost exclusively in seeking to maximise creditors’ property rights.

Bankruptcy and restructuring law are among the most difficult economic areas requiring interdisciplinary knowledge.

Our attorneys-at-law and advocates have extensive experience in the broadly understood bankruptcy law (which used to include also composition and reorganization law). We have represented various participants in these proceedings: bankrupt persons, creditors, including material creditors, court supervisors, receivers. We have supported proceedings before commissioners and bankruptcy courts. We prepared projects and evaluated the execution of agreements with creditors.

Restructuring / Insolvency – what we do:

  • analyse the legal situation of enterprises and entrepreneurs, assess the occurrence of bankruptcy or restructuring premises and make recommendations as to the legitimacy and usefulness of initiating appropriate proceedings for the enterprise,
  • prepare a bankruptcy petition  and the required documents, depending on the needs and status of the Client, representing both the bankrupt and his creditors,
  • provide procedural and legal representation of debtors and creditors in restructuring proceedings and bankruptcy and insolvency proceedings,
  • In particular, we assess the correctness of claims declarations, the actions of receivers and commissioners’ judges, the lists of claims drawn up, if necessary, we lodge appropriate appeals, monitor the correctness of the expenses of the bankruptcy proceedings and the correctness of the activities consisting in cashing in the assets of the bankrupt,
  • carry out feasibility studies of draft restructuring and transformation plans for companies in danger of bankruptcy or already bankrupt, to maintain these companies with maximum respect for the rights and claims of creditors; we participate in creating such projects,
  • provide legal and procedural representation in a number of accessory proceedings, such as for a prohibition against doing business or for the liability of managers and supervisors for actions to the detriment of the managed or supervised entity,
  • Our attorneys-at-law and advocates have represented individuals in private bankruptcy proceedings in many cases.

Contact us for more information.