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Corporate Restructuring & Insolvencies

CMS Grau has sound experience in matters related to merger and acquisition operations, debt refinancing, reorganization procedures, preparation and negotiation of reorganization plans, exit strategies, bankruptcy settlements, extrajudicial reorganizations, cross-border insolvencies and international bankruptcies.

Our team has a versatile practice of ​​Bankruptcy and Restructuring Law that provides clients with advice during all stages of a bankruptcy proceeding, whether potential debtors or creditors. Our team advises clients on different strategies to reorder the financial situation of their companies, including providing guidance and analyzing bankruptcy scenarios to make the best decisions before entering the process, during its development and after procedural termination or exclusión.

Our team also has the experience providing legal advice clients on cross-border takeovers and insolvencies, something that is very much needed in our globalized world.

Our experts counsels companies in different areas of business, such as mining, textiles, retailing, and hydrocarbon and construction companies.

CMS Grau's Bankruptcy and Restructuring Law team participates in the most important bankruptcy processes in Peru and has also collaborated with the Peruvian government to improve the Peruvian bankruptcy system, which provides our team the comprehensive knowledge and experience that our clients require.

The firm was very committed to our case and were very good at understanding the unique situation we were in. CMS Grau performed a comprehensive analysis of the issue and determined the best course of action for us as a company.

Chambers Latin America 2022 | Bankruptcy/Restructuring

Highly regarded department garnering recognition for advising on bankruptcy and debt restructuring mandates. Represents a range of clients in debt refinancing, provides advice regarding bankruptcy proceedings and assists bankrupt entities with the liquidation of their assets. Also experienced handling exit strategies and distressed M&A transactions. Strengths: Clients mention: "We are more than satisfied with the quality of services and the professionalism of the department's lawyers, who are always ready to give a quick response to our queries."

Chambers Latin America 2018

CMS Grau has a diverse practice with expertise in bankruptcy, insolvency and liquidation matters. Michelle Barclay heads the team, and is routinely involved in debtor and creditor work for both private companies and public entities work. Recent highlights for Barclay include representing Depositos Quimicos Mineros in Doe Run Perú’s bankruptcy process – senior associate Francisco Barrón and associate Daniela Camacho assist her on the case. The team also has expertise in distressed M&A, debt refinancing and reorganisation proceedings.

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13/10/2023
Towards the incorporation of Pre-Packs in Peruvian legislation
Peruvian legislation does not formally encompass the possibility of entering into pre-pack agreements with creditors. Nevertheless, it does include other mechanisms that allow companies to reach agreements...
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...
13/07/2023
Pre-pack proceedings in France: Are they the best of two worlds?
Implemented by an order dated 12 March 2014, French pre-pack proceedings were created either to impose the execution of a turnaround plan drafted before any insolvency proceedings can be opened or to...
26/06/2023
Pre-pack insolvency sales: the UK approach
A “pre-pack” is a sale of all or part of a distressed company’s business or assets, negotiated before the company enters a formal insolvency process and executed by the appointed insolvency practitioner...
21/06/2023
Guide to EU Commission proposal on pre-pack sales in Austria
On 7 December 2022, the European Commission published a proposal for a directive for the harmonisation of certain aspects of insolvency laws across EU member states. One of the key elements of this proposal...
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...