Providing advisory services to companies

The Companies in Distress Department provides advisory, assistance and representation services to companies in distress.

Prevention: The firm advises and assists its clients in trouble to identify and choose appropriate tools (temporary receivership, ad hoc agent, conciliation), draft a recovery plan, manage disputes with creditors, restructuring of debts and company.

Judicial process: The firm assists its clients during the judicial phase of their restructuring, whether it is a safeguard process, court ordered recovery or liquidation. The lawyers assist clients during their negotiations with their creditors, whether or not there is a creditors’ committee, and to draw up a recovery plan. Finally, our teams handle all relations with the courts.

Assistance to creditors: The firm assists creditors with their obligations (filing statement of receivables, appointment of controller (if applicable), filing claims and any necessary actions to protect or preserve the clients’ interests).

Assistance to suppliers: The firm also assists suppliers in the management of their relations with companies in distress, protection of clients’ interests concerning contracts being upheld, guarantees and opportunities to terminate contractual relations.

Defence in connection with personal and financial penalties: The firm enjoys a recognized practice of litigation in liability suits against executives and groups of companies, defending liability suits with regard to corporate debts, capping of inadequate assets, extension suits, personal penalties and rehabilitation.

In particular, the firm has extensive expertise in defending credit establishments and capital investors with regard to their financial dealings with companies in distress, such as becoming members of management or supervisory bodies of these companies.

Expertise

On all of these issues, the firm is regularly consulted during the legal reform process of legal and regulatory texts. The firm has held many training conferences on the law applicable to companies in distress.