Procédures collectives - Campbell Philippart Laigo & Associés

Corporate /
Tax /
Labour and Employment /
Real Estate /
Commercial /
UCITS /
Insolvency /
Litigation and Arbitration /
Intellectual Property And New Technologies /
White Collar Defense

INSOLVENCY

Our insolvency department advises and assists all parties (businesses, directors, shareholders, employees, suppliers, banks and other creditors) affected by economic difficulties encountered by businesses, both at the stage of prevention of difficulties and at the stage of their resolution.

- We advise businesses and their directors at the earliest opportunity, in relation to preventive treatment of difficulties.

This phase of assistance often involves restructuring the business, its workforce and its assets and negotiating with creditors (both commercial creditors as well as public bodies such as tax and social security administrations). More formally, it may involve the use of specific measures provided for in the law and aimed at dealing with economic difficulties before they become impossible to remedy (the appointment of ad hoc administrators, the use of a specific conciliation procedure or the safeguard procedure).

Where businesses are insolvent, we accompany our clients through judicial administration and liquidation proceedings, assisting them in the preparation and presentation of their case and specifically, in the preparation of plans for the recovery of the business. During the course of formal procedures, we represent our clients before the commercial courts and deal with all other parties involved in the procedures, notably court-appointed administrators and liquidators.

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We advise and assist in relation to actions against directors and shadow directors for orders for disqualification and financial contribution to the payment of business debts.

- We also advise and assist creditors of companies in difficulty (notably banks and suppliers). This advice includes advice as to how to pursue debts against a business in difficulty, the procedural steps which can or must be taken during any formal procedures provided for by law, the validity of security and the recovery of property subject to retention of title clauses.

- In addition, we assist those wishing to acquire businesses in difficulty or their assets, in particular in the preparation of plans involving court-approved transfers.

In all cases, this department not only deals with specific issues of insolvency law but also ensures coordination, wherever necessary, between all the specialists of the firm (in particular within our corporate, employment and tax departments) as well as external advisers such as accountants, so that the problems of businesses are dealt with globally and in an effective commercial way.

Finally, the international experience of our firm and our contacts with foreign correspondents enable us to deal effectively with all cross-border issues relating to businesses in difficulty.

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