Insolvency and Restructuring

Insolvency and restructuring

We provide our clients with legal assistance in all areas of insolvency law (enforcement of claims, representation of debtors in the course of insolvency proceedings, incidental proceedings, etc.).

Insolvency

In the area of insolvency law, we mainly specialize in:

  • Assessment of the situation and assistance in restructuring in the event of debtor’s insolvency;
  • Recommendations for resolving insolvency and preparation a resolution process by bankruptcy or reorganization;
  • Preparation and due enforcement of claims in the course of insolvency proceedings, assistance in maximizing the satisfaction in insolvency;
  • Assistance in defending vexatious insolvency petitions and recovery of incurred damage;
  • Settlement of mutual claims in case of insolvency (even where set-off of mutual claims is prohibited);
  • Enforcement of outstanding claims against individuals who caused debtor’s insolvency, including representation in criminal proceedings;
  • Advisory services in connection with the selling and acquiring companies and other assets of debtors in the course of insolvency proceedings;
  • Support to insolvency administrators managing estates of insolvent parties;
  • Assistance in resolving issues relating to bank guarantees securing debtor’s obligations in case of insolvency;
  • Representation in the course of incidental disputes (disputes over receivables and property);
  • Assistance in the event of cross-border insolvency.

Restructuring

  • Audits and advisory services aimed at improving business management;
  • Analyses of past and ongoing projects with a view to identify reasons for project losses and proposal of measures aimed at preventing or reducing such losses;
  • Audits of contractual documents and internal processes with a view to enhance the business management process;
  • Proposal of measures aimed at reducing business losses.

Liquidation

  • Closure of business operations;
  • Settlement of receivables and liabilities;
  • Services of a liquidator and company administration in the course of its liquidation.

References

  • Successful defence of a Czech subsidiary of a prominent French construction company in the course of insolvency proceedings instituted on the basis of a vexatious insolvency petition;
  • Legal advice to an insolvency administrator in the course of insolvency proceedings of Eiffage Construction Česká republika, s.r.o., a major construction company, during insolvency proceedings instituted on the basis of its own petition due to over-indebtedness, including the representation of an insolvency administrator in tens of incidental disputes;
  • Representation of Eiffage Construction Česká republika, s.r.o., VOKD, a.s., and OHL ŽS a.s. in the course of insolvency proceedings initiated by a debtor, Kamil Šaray. During the proceedings, the debtor enforced claims against our clients in excess of CZK 1.2 bn.;
  • Representation of an owner of the Galleria Moda outlet shopping mall near the Prague Airport in the course of insolvency proceedings, including incidental disputes, disputes over compensation for damages, and other legal disputes;
  • Representation of controlling entities in the course of insolvency proceedings involving a property development company in connection with enforcement of claims against a debtor;
  • Representation of JDK, spol. s r.o. in enforcing claims in the course of insolvency proceedings of intaz – int. spol. s r.o., claims for damages against the debtor’s executive director in the course of criminal and civil proceedings;
  • Representation of subcontractors of a general contractor in construction in connection with enforcing claims in the course of insolvency proceedings and against controlling entities that caused debtor’s insolvency;
  • Management of claims under classified bank loans in the nominal value of approximately CZK 600 million, with the majority of these claims resolved in the course of insolvency proceedings.
© Tomaier Legal 2022
UNDEFINED: COOKIES_ALERT
Rozumím
x