CMS

Financial liquidity protection and restructuring

background

We help with all legal issues related to the risk of insolvency when the client is a debtor. When the client is a creditor, we support him in activities aimed at maximizing the level of debt settlement, including activities aimed at protecting and effectively using the collaterals established on the debtor's assets.

  • Conducting litigation involving bankruptcy and restructuring law, both on the part of the receiver, the bankrupt entity and the creditor, as well as members of the management board

  • We represent creditors in bankruptcy proceedings, in particular in the area of filing claims, lodging objections to claims lists and drafting pleadings

  • Preparation and implementation of extra-judicial restructuring instruments (standstill agreements, arrangements with creditors, bilateral and multilateral agreements on debt restructuring)

  • Comprehensive legal representation, including representation of clients in the course of court actions concerning the opening of restructuring proceedings and at meetings of the creditors' council and creditors' meetings

  • Preparation of legal and tax structure of transactions of sale and purchase of receivables and distressed (non-performing) assets, including receivables secured in kind, preparation and negotiation of full documentation of receivables sale transactions, including collateral agreements, preparation of restructuring agreements, standstill agreements, arrangements between creditors, in case of restructuring involving securitization - advising on securitization of receivables, preparation of bond issue conditions, investment certificates, establishment of investment funds, including non-standardized securitization closed-end investment funds, preparation of cooperation agreements with investment fund companies

  • Advice and representation in consumer bankruptcy cases, in particular in proceedings involving former executives and former entrepreneurs

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