Restructuring &
Bankruptcy
The crisis of a company may be triggered by the market
environment or individual reasons. In any case it is necessary to
look into more or less drastic restructuring measures. In the event
that a turnaround is no longer possible the management has to find
an investor or may even have to file for insolvency.
Field Fisher Waterhouse is a longstanding advisor to companies
in a crisis scenario and advises companies in any phase of a
restructuring or bankruptcy scenario.
We advise in connection with restructuring measures and staff
cuts. We advise on the legal structuring of contributing fresh
equity and coordinate the relevant steps to increase or decrease a
company's capital. In the event that an insolvency scenario is
unavoidable we advise the management how to behave during the
insolvency proceedings and to avoid a personal liability.
Furthermore, we advise creditors of a distressed company in
connection with the protection of their claims before and after a
bankruptcy scenario.
We advise insolvency administrators in connection with their
statutory duties and can draw upon the expertise of other
departments and the European offices of Field Fisher Waterhouse. We
have a particular experience in connection with cross-border
insolvencies.
Our advice covers the full range of insolvency law:
- Corporate restructuring
- Capital decrease, capital increase and Dept-Equity-Swaps
- Conversion of debts
- Staff cuts
- Investments into companies in an insolvency scenario
- Sale and acquisition of distressed assets
- Settlements and stand still agreements
- Ranking of secured and unsecured creditors
- Shareholder loans, subordination agreements
- Filing for insolvency
- Contractual arrangements that are in line with insolvency
law
- Personal liability of directors, advisory board members and
shareholders
- Acting for insolvency administrators
- Sale and acquisition of distressed companies in an insolvency
scenario
- Liability of insolvency administrators
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