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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...
06/07/2023
The future of pre-pack sales in Luxembourg
On 7 December 2022, the EU Commission issued a proposal for a directive harmonising certain aspects of insolvency law (the Draft Directive). One key aspect of this Draft Directive is the regulation of...
06/07/2023
Proposal for European rules on pre-pack proceedings should be supported
On 7 December 2022, the European Commission published the Proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of insolvency law. This Proposal is intended...
06/07/2023
Pre-pack proceedings under Belgian law: is this a fresh start?
Belgium is finally about to transpose Directive 2019/2023 on preventive restructuring frameworks and regulated pre-pack proceedings are now ac­cess­ible.European and Belgian legislative de­vel­op­mentsIn­solv­ency...
20/06/2023
Impact of EU "Pre-pack proceedings" directive in Germany: pre-pack proceeding...
The EU Commission has presented a draft directive on the mandatory inclusion of a "pre-pack proceeding" in national insolvency laws.On 7 December 2022, the European Commission published a draft directive...
15/06/2023
EU proposes Directive on harmonisation of insolvency law
The lack of harmonised insolvency laws has long been regarded as one of the greatest obstacles to the free movement of capital in the EU in general and to cross-border investments, insolvency proceedings...
07/03/2022
EU and UK Sanctions against Russia: a focus on the Financial Sector
In recent days the EU and the UK have adopted and expanded a number of sanctions measures against Russian and Belarusian individuals and companies. This article focuses on restrictive measures directed...
27/02/2022
Handling the new EU and UK sanctions against Russia
Since 2014, the EU and the UK have progressively imposed sanctions on Russia in response to the crisis in Ukraine. Following the latest events, both the EU and the UK, as well as many other countries...
12/07/2021
Webinar: Real Estate & Insolvency
Although the economy seems to recover quickly, the real estate planet is and will continue to be facing challenging times. The end of the protection and support measures put in place by our governments...
01/07/2021
CMS Belgium strengthens its corporate department with two partner promotions
Law firm CMS is announcing two partner promotions within its corporate law department in Brussels. Grégory de Sauvage joined CMS Brussels office in 2006. He is specialized in insolvency and white collar...
01/06/2021
Some leaks can't be fixed
“Confidential information is like an ice cube... give it to the party who has no refrigerator or will not agree to keep it in one, and by the time of the trial you have just a pool of water.” This...