Bankruptcy and Prevention of Corporate Difficulties
We assist and advise our clients when:
> As creditors, they realise their debtors are having payment difficulties and must protect their interests in prevention proceedings, file proofs of claim in bankruptcy and respond to objections against their claims, participate in consultations with creditors during bankruptcy proceedings, and eventually recover the amounts due to them;
> Their company is in difficulty and needs to take prevention action: ad hoc mandates (mandat ad hoc), conciliation procedure, safeguard proceedings;
> In the case of ad hoc mandates and conciliation procedures, their debt must be restructured, particularly vis-à-vis the tax and Social Security authorities and banks, possibly under the supervision of the State authorities (particularly Credit Mediators, CIRI (industrial restructuring committee) and new financing must be obtained;
> In safeguard proceedings, a plan needs to be prepared, approved by the committees and authorised by the court in order for the company to recover and be restructured;
> If the prevention and safeguard proceedings fail, they are forced to undergo judicial reorganisation and have to draw up a plan for the continuation of business or sale of assets.
> In rare cases, bankruptcy proceedings are initiated to wipe out debts and/or to levy any personal civil or criminal penalties.