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Insolvency & Restructuring

Montenegro

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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02 February 2021
EC Con­sulta­tion on sus­tain­able cor­por­ate gov­ernance: dead­line ap­proach­ing
Key ac­tion point On 26 Oc­to­ber 2020, the European Com­mis­sion launched its pub­lic con­sulta­tion on sus­tain­able cor­por­ate gov­ernance (Con­sulta­tion). The Con­sulta­tion closes on 8 Feb­ru­ary 2021 and we would...
07 October 2020
Ger­many's Busi­ness Judge­ment Rule not ap­plic­able to in­solv­ency ad­min­is­trat­ors
In a re­cent de­cision, the Ger­man Fed­er­al Su­preme Court ad­dressed the ap­plic­ab­il­ity of the Busi­ness Judge­ment Rule to in­solv­ency ad­min­is­trat­ors in Ger­many and re­jec­ted the ap­plic­ab­il­ity of the rule in...
05 October 2020
Re­struc­tur­ing out­side of in­solv­ency pro­ceed­ings soon pos­sible for il­li­quid...
Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mits draft bill on pre­vent­ive re­struc­tur­ing On 18 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mit­ted a 247-page draft...
01 January 2015
Bro­chure In­solv­ency
160 law­yers at el­ev­en loc­a­tions across Europe are just one reas­on why we are among Aus­tria’s lead­ing law firms.The secret of our suc­cess is that we func­tion as one team. We con­tinu­ally prove that our...