Our firm provides advice and assistance to companies who wish to have in place a management system for the timely detection of crises or, if they are already in a situation of crisis or insolvency, who need to proceed with a corporate reorganization or restructuring (even cross-border) or, ultimately, to resort to an insolvency procedure.
Our assistance is therefore aimed at understanding, together with the company, whether or not there is a possibility of overcoming a crisis, identifying the most appropriate legal solutions for a reorganization or liquidation, or if these are not feasible, identifying debt restructuring agreements or certified plans, or applications for arrangements with creditors, or even bankruptcy petitions filed by the debtor itself.
Within this context, we also provide advice to directors and statutory auditors to understand the personal liability risks to which they are exposed due to a state of crisis and to identify the most appropriate solutions to minimise said risks, also providing assistance in court, in potential disputes such as, amongst others, derivative suits and setting aside actions and/or claims for damages.
The firm also assists in the filing of proofs of debt and the possible challenging of the statement of liabilities, as well as in bankruptcy clawback actions and actions opposing bankruptcy applications, or actions against declarations of bankruptcy.
We also provide assistance to insolvency proceedings (receivers etc.) in legal proceedings, in particular through the filing of claw back actions, derivative suits, debt recovery on behalf of bankruptcy trustees.
In consideration of the fact that in crisis or insolvency situations, time is of the essence, once we have received instructions from the client, we act swiftly to take protective measures to secure the debtor’s assets, working alongside the client in order to define the objectives to be pursued in the swiftest, most flexible and efficient way possible, both in terms of time and costs.
The knowledge and experience gained in the field of insolvency law are completed and perfected also thanks to our cross-sector knowledge in other fields of expertise (such as corporate, financial, employment law, intellectual property and information technology, in addition to litigation and arbitration), as well as through our considerable experience in the management of situations relating to international matters, as well as those which involve a conflict of applicable laws or which require tracing assets abroad or which concern pursuing insolvency proceedings pending in foreign jurisdictions.