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Insolvency & Restructuring

There are a number of possible 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 cases where bankruptcy can be avoided. That is the primary goal of our advisory services: re-alignment, not bankruptcy.

We have many years of experience advising on restructuring and bankruptcy cases. Using this experience, we can guide you safely through all of the stages of restructuring. But even in the case of a bankruptcy, we are of course 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.


CMS series: At CEEnter stage
Our en­ga­ging pod­cast and video series, "At CEEntre Stage," is a valu­able re­source for pro­fes­sion­als and leg­al ad­visors seek­ing in-depth in­sights in­to vari­ous Cor­por­ate and M&A top­ics. Our series caters to di­verse busi­nesses in Cent­ral and East­ern Europe, provid­ing com­pre­hens­ive cov­er­age of the on­go­ing chal­lenges they face.Half-hour mod­er­ated dis­cus­sions with leg­al ex­perts and in­dustry lead­ers al­low us to gain valu­able in­sights in­to their vis­ion for the fu­ture, the chal­lenges they face, and ways to im­prove their busi­nesses. We also provide guid­ance on nav­ig­at­ing leg­al com­plex­it­ies and avoid­ing po­ten­tial traps, en­sur­ing our listen­ers re­ceive con­tex­tu­al­ized in­sights in­to the re­gion's dis­tinct­ive busi­ness land­scape and reg­u­lat­ory en­vir­on­ment.Our com­pre­hens­ive cov­er­age of vari­ous in­dus­tries and their on­go­ing chal­lenges makes "At CEEntre Stage" an es­sen­tial re­source for stay­ing ahead of the curve in today's fast-paced eco­nomy. The pod­cast cov­ers rel­ev­ant Cor­por­ate and M&A top­ics from W&I in­sur­ances, FDI to ESOP, joint ven­tures, fin­an­cing and ESG.Tune in to "At CEEntre Stage" today and stay in­formed on the latest in­sights and trends in the world of cor­por­ate law and M&A.
In­vest­ing and Do­ing Busi­ness in Ukraine 2022/2023
Com­piled with the be­ne­fit of the ex­per­i­ence of part­ners at CMS Camer­on McK­enna Nabarro Olswang Ukraine, this ex­tens­ive guide cov­ers over 25 sec­tors and in­dus­tries and key im­pacts of the war on busi­ness in Ukraine.
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...
CMS strengthens its lead­er­ship team in CEE
Nedeljko Vel­is­avljević pro­moted to CEE Part­ner
In­vest­ing and Do­ing Busi­ness in Ukraine 2021 Guide
A guide cov­er­ing over 25 sec­tors and in­dus­tries
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...
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...
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...
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...
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...
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...