Insolvency
Reff & Associates has a team of professionals specialized in insolvency matters, with an intimate understanding of various types of contracts, industries and businesses, thus providing specialized legal assistance for both debtors and creditors.
In the field of insolvency, we offer assistance:
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 Council clearance;
- Assistance further to the acquisition: representation in court for challenging decision of judicial administrator or liquidator, Creditors’ Assembly etc.
For the creditor of a company in distress:
- Analysis of the contract originating the claim and security documents, ask for registration of the claim and secure their priority against other creditors, if this is the case;
- Analysis of position in insolvency files;
- Analysis and assistance for challenging fraudulent transactions prejudicing their rights;
- Assistance during Creditors’ Assemblies;
- Assistance in preparing and sustaining a reorganization plan;
- Court representation in various insolvency related aspects.
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.
For the shareholders/directors:
- Assessing the risk for proceedings against the shareholders/management, which might have caused the insolvency.
