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Insolvency & Restructuring


There are always a number of different reasons for an impending bankruptcy or a restructuring and the spectrum of legal remedies in this field is equally wide: employment law, commercial, distressed M&A, company law, property and construction law, insolvency and tax law, to name but a few.

Although your company may be struggling in the face of falling demand, powerful competitors and mounting payment obligations, there are many such cases where bankruptcy can be avoided. That is exactly the primary goal of our advisory services: re-alignment, not bankruptcy.

We have many years of experience advising on restructuring or bankruptcy cases. Using this experience, we can safely guide you through all of the stages of restructuring. But even in the case of a bankruptcy, we will of course be there to advise and support you. We believe that in such cases, our main responsibilities lie in the flawless preparation of an orderly bankruptcy, in assessing the obligation to file and its justification, in drafting the bankruptcy filing and the restructuring plan, in enforcing the rights of creditors or creditor groups during bankruptcy proceedings or in representation on the creditors' committee as well as in negotiating business continuation agreements with the bankruptcy administrator.

The range of our activities includes designing a socially acceptable redundancy plan, advising on the contractual protection of business partners in case of bankruptcy, advising on the purchase of at-risk companies, on the purchase and sale of distressed assets, on the limitation of liability risks for senior management and supervisory board members as well as on tax-relevant restructuring solutions.

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Published in CEE Legal Matters I July 2020
Re­build­ing and re­shap­ing in the af­ter­math of COV­ID-19
As Europe be­gins a tent­at­ive re-open­ing in the af­ter­math of COV­ID-19 CEE Leg­al Mat­ters in­ter­viewed two of CMS’ law­yers – one of them was Vi­enna-based Part­ner Daniela Ka­rol­lus-Bru­ner.
02 July 2019
Crowd­fund­ing: The Coun­cil for the EU pub­lishes the next step to­wards an...
On 26 June 2019, the Coun­cil for the European Uni­on pub­lished a com­prom­ise pro­pos­al in re­la­tion to the European Com­mis­sion’s draft frame­work to reg­u­late crowd­fund­ing plat­forms in the EU (the "Crowd­fund­ing...
Re­struc­tur­ing and in­solv­ency at a glance – CEE over­view
We present the over­view of most com­mon con­cerns for CEE busi­nesses in the trans­ition­ing phase. More in­form­a­tion here!
02 April 2019
Crowd­fund­ing: European Par­lia­ment steps up in­vestor pro­tec­tion in its amend­ments...
On 27 March 2019 the European Par­lia­ment ad­op­ted its po­s­i­tion on the Com­mis­sion's pro­pos­als for com­mon rules for crowd­fund­ing plat­forms across Europe. The Com­mis­sion pub­lished the ori­gin­al draft reg­u­la­tion...
In­solv­en­cies in the con­struc­tion in­dustry as a res­ult of COV­ID-19
CMS sup­ports you in the eval­u­ation, se­lec­tion and im­ple­ment­a­tion of ne­ces­sary leg­al steps in the event of in­solv­ency. Read more here!
CMS ad­vises HETA in the sale of the Hol­i­day Inn Sa­ra­jevo