In the nick of time -Insolvencies & Restructuring
There may be various causes for company crises. In order to be able to identify them with legal certainty for liability purposes, advice from third parties is frequently required. An early reaction can mitigate risks and provide opportunities for restructuring and securing the success of the company.
When assessing a crisis, it is not only organisational or economic questions that need to be answered. In the legal field precise clarifications on the current status, the possible existence for grounds of insolvency and possible solutions are also necessary in order to avert crises or to develop a joint plan for the reorganization and restructuring of a company. The question often posed is whether an out-of-court restructuring should be undertaken with the participation of all creditors or whether the restructuring instruments of the Insolvency Code should be applied.
The core issues of advice on insolvency law are a comparison of restructuring with capital cuts, protective shielding procedures in self-administration in accordance with ESUG, insolvency plans or restructuring transfers. CausaConcilio accompanies its clients, whether on the debtor's or creditor's side through insolvency proceedings - from the application procedure to the creditors' committee and meeting up to the cancellation or termination of the proceedings. In the course of insolvency proceedings, we represent our clients in the filing of claims with the insolvency chart as well as in relation to the insolvency administrator or trustee in rescission matters or in cases of possible liability of managing directors due to delay in insolvency.