Carler’s lawyers help and advise their clients – whether they are creditors or debtors – when they are facing insolvency proceedings, at every stage:
Ad hoc mandate / Conciliation
The restructuring team works alongside companies for the preparation of their case, the follow-through with the agent or the conciliator, the negotiation with the creditors and the establishment of a memorandum of understanding as well as its approval. Finally, the team assists the companies in the execution of the agreement.
For businesses that are not yet insolvent, the firm assists them in their reorganization in order to ensure their sustainability, preserve employment and continued payment of their creditors (preparation of a plan, approval by committees and the courts).
If the business is now insolvent but receivership can still be envisaged, the firm is involved in the preparation and development of a plan enabling either continuation or sale of the company.
Instituted on the decision of the commercial courts which confirms both insolvency and the Impossibility of recovery. The firm then intervenes regarding the possible takeover or sale of the business, as well as supporting directors during the questioning of their liability, including: civil and criminal penalties, banning from managing a company, personal bankruptcy, liabilities for insufficient assets, the extension of the appointed receivership procedure or compulsory liquidation.
When acting on behalf of creditors, the lawyers in the bankruptcy proceedings department help and advise them regarding prevention procedures, declaration of creditors and any related disagreements, and finally the recovery of any amounts owed to them via the apparatus of the proceedings.
Thanks to their cross-disciplinary expertise, Carler’s lawyers are able to tackle the full range of issues relating to bankruptcy proceedings, including: aspects of employment law, financial and industrial restructuring, and any cross-border dimension.
The firm also has a background in advising administrators and legal representatives.