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Insolvency & Restructuring

Whether you are a business executive or a buyer, you may be required to carry out a profound reorganization of your company or one of its entities to improve performance or to ensure its solvency. To ensure a successful outcome, it is key to take into account all the legal aspects from the outset, both related to the transaction and to the economic sector involved.

Working with our lawyers, you will benefit from experience gained over many years in various economic contexts and in all industry sectors. We can assist you particularly with regard to safety precautions in the event of liquidation, recovery, transfer, etc., obtaining ailing company status, with the conclusion of shareholder agreements or in the management of litigation related to these specific situations. When the situation requires a very specific expertise, such as employment or tax law, we will work in tandem with other CMS teams.

"The team is very responsive and reactive. We receive accurate and informative answers, with very practical insights into all our questions."

Feedback from a client about the department - Legal 500, 2023

"The team are very professional and their advice is always appropriate in each specific context. Their knowledge about insolvency, judicial reorganisation procedures, and shareholder rights is really excellent and working with them was very reassuring."

Feedback from a client about the department - Legal 500, 2023

"The firm was extremely responsive and available."

Feedback from a client about the department - Legal 500, 2023

"They are clear about the available options in a constructive way, always showing respect for both the law and the people. They understand the ins and outs of the business so that the solution proposed enables moving forward and avoiding staying stuck."

Feedback from a client about the department - Legal 500, 2023

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08/02/2024
Proposed EU Directive on harmonisation of avoidance actions to have limited...
The principles outlined in the European Commission's proposal for a Directive harmonising certain aspects of insolvency law is not expected to lead to extensive reform of Belgian rules since Belgian law...
10/01/2024
Harmonisation of insolvency avoidance in Europe
This article continues our Law-Now series "Harmonisation of Insolvency Laws in the EU" in which we provide an overview of the articles addressing insolvency avoidance actions of the draft EU directive.As...
31/08/2023
Pre-Pack reorganisation in Serbia and Montenegro: An overview
In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
31/08/2023
Pre-Pack reorganisation in Bosnia and Herzegovina: An overview
In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
17/08/2023
Pre-pack sale proceedings in Croatia and the impact of the EU’s insolvency...
In late 2022, the European Commission proposed a new Directive with a view to harmonise certain aspects of insolvency law. One of the most important innovations to be introduced in this Draft Directive...
11/08/2023
Pre-pack proceedings Slovak law: challenge to avoid speculations?
Only a year ago, Slovakia transposed EU Directive 2019/2023 on preventive restructuring frameworks with an intention to reform insolvency proceedings and make them more effective. (See CMS | Law-Now...
07/08/2023
The Pre-pack Directive proposal: a guide to possible pre-pack proceedings...
On 7 December 2022, the European Commission published a proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of the insolvency law. The intention of this...
07/08/2023
Pre-pack insolvency sale in the Czech Republic: Current situation and outlook
A pre-pack insolvency sale, which is an expedited liquidation proceeding that allow for the sale of all or part of a debtor’s business as a going concern to the best bidder shortly after the insolvency...
07/08/2023
Pre-pack sales procedures in Hungary
The success of the recently introduced pre-pack-like rules in Hungary will help determined how the EU Directive on pre-pack sales will be implemented in this country.Existing pre-pack-like rulesPre-pack...
27/07/2023
A short guide to leveraging Pre-Packs in Switzerland
What situations call for a Pre-Pack?Imagine the following scenario: a debtor, in our case a company, is facing severe financial distress. The company, however, still has certain business units that are...
19/07/2023
Pre-pack insolvency proceedings: the Spanish approach
A pre-pack insolvency proceeding is a sale of the still-viable production unit of an insolvent company, negotiated before the formal judicial declaration of the insolvency process, by the judicial appointment...
19/07/2023
Pre-pack proceedings in Portugal introduce a brave new world
The pre-pack proceedings regime set out in the Title IV of the Proposal for a EU Directive to harmonise certain aspects of insolvency law, dated 7 December 2022, will be a tremendous challenge for all...