The Firm´s lawyers have experience in protecting the multiple interests involved in situations of business distress, encompassing financial restructuring, negotiation of overall debt workouts (including judicial ratification), court-supervised reorganization and bankruptcy. They work to defend the interests of (a) creditors, by preserving their rights and maximizing their recovery; and (b) debtors, by rationalizing the company’s organization or, as the case may be, orderly liquidation of assets.

Whether representing creditors or debtors, the Firm’s efforts are focused on preserving the distressed company as a going concern if possible, and in any event, maximizing the value of assets, first through out-of-court negotiations, by coordinating the procedure and intermediating between the different interest groups, including participation in meetings and preparation and discussion of preliminary and definitive contractual instruments and the reorganization plan.

Depending on the complexity and scope of the case, the Firm works with a corresponding law office in the court jurisdiction where the reorganization or bankruptcy procedure is being conducted. In these cases, the Firm supervises the measures adopted by the corresponding lawyers, giving support in the drafting of court submissions, appearance at hearings and oral arguments, so that a consistent overall strategy is followed.

The activities of The Firm´s lawyers involve the following:

• Assistance in collecting debts, including negotiation with the distressed company and restructuring of debts or filing suits to enforce contractual guarantees.
• Coordination of financial restructuring programs (through debt workouts, court-supervised reorganization, judicial ratification of out-of-court composition), involving intermediation with the different teams allocated by the client (financial experts, auditors and other consultants), aiming to establish a uniform working plan to balance the interests of different groups of creditors.
• Preparation and negotiation of bilateral and multilateral contractual instruments with creditors, associations and other interested parties.
• Defense of the main concerns of companies undergoing reorganization, with preparation and negotiation of the recovery plan together with the other professionals allocated or engaged by the client.
• Assistance to the litigation team regarding the merit of arguments to be presented in court filings.
• Participation at court hearings and meetings of creditors, after prior diagnosis of the situation, and preparation of meeting agendas and transcription of minutes.
• Preparation and negotiation of other private instruments as necessary to maximize the efficiency in gaining approval of the court-supervised reorganization plan.
• Defense of creditors’ interests in debt workout, court-supervised reorganization or bankruptcy cases, including obtaining allowance of credits and participation in general creditor meetings.
• Consulting to prevent litigation or settle lawsuits.
• Preparation of legal opinions or memorandums.