Insolvency

We are experienced in the many different issues facing companies undergoing difficulties, ranging from pre-insolvency distress situations, to support following a bankruptcy filing. We also assist our clients with extraordinary corporate transactions while insolvency is pending, adopting the solutions and strategies needed to make a success of the transaction in the specific legislative and economic context.

Our attorneys provide advice on non-judicial matters and also have the expertise to assist clients with Insolvency Litigation, thanks to their solid experience in areas such as revocatory action, liability actions against directors of insolvent companies and compensation litigation in connection with criminal proceedings for insolvency offences.

We are also experienced in assisting creditors in complex “multi-national” insolvency cases vis-à-vis debtors in bankruptcy proceedings both in Italy and in many other countries. In this area we can particularly assist in managing issues that could potentially arise from conflicts between the bankruptcy procedures of the different jurisdictions.

More specifically:

• advise to a leading company in the food sector with a debt restructuring agreement under art. 182-bis of the Bankruptcy Law by converting their financial debt to a bank into preferential shares to the benefit of the bank with a partial write-off of the debt position to the satisfaction of 70% of the other creditors who subscribed to the agreement;
• advise to a US multi-national, leaders in software development, on the acquisition of control holdings in another US company operating in Italy and on management of the subsequent bankruptcy procedure involving the target company in Italy, coordinating our assistance here with the simultaneous Chapter 11 reorganization being carried out in Texas;
• bolt-on acquisitions of companies or assets undergoing administration or receivership;
• helping creditors recover credit and protect their rights in cases of a bankruptcy or prior to a bankruptcy filing, in a voluntary arrangement of creditors and/or a restructuring;
• assistance and advice to bodies involved in insolvency proceedings;
• assistance with drawing up restructuring agreements under art. 182-bis of the Bankruptcy Law, with the executive contractual documentation for these agreements and with all the legal aspects of the certification of turnaround plans under art. 67 of the Bankruptcy Law;
• assistance and advice on bankruptcy and pre-bankruptcy litigation.