Restructuring

Conducting a business activity involves risks resulting from numerous external factors related to the market sector in which the entrepreneur operates as well as general economic situation, and from internal factors arising from the manner of operation of the very organisation, in particular risk management errors.

BCLA develops dedicated legal solutions for both entities facing the risk of a difficult financial situation, inclusive of insolvency, and entities which are already insolvent, and for representatives of such entities.

We are experienced in representing entrepreneurs during the initial stage of the crisis and developing adequate legal mechanisms aimed at reorganising the entrepreneur’s  organisation (capital structure modifications, mergers, divisions, support with respect to obtaining external investors) or at reorganising their debts (negotiations with creditors, negotiating out-of-court agreements) as well as during bankruptcy proceedings, from a detailed analysis of the entrepreneur’s economic and legal situation, preparing the enterprise and its representatives for the proceedings, selecting the optimum bankruptcy proceedings, through filing a petition of bankruptcy and actions in the course of the very bankruptcy proceedings.

As far as representatives of entities facing the risk of bankruptcy are concerned, BCLA lawyers provide them with legal solutions aimed at protecting their private assets against possible subsidiary claims filed by their creditors.

Our activities are not limited to the very representation of debtors. Also, BCLA can undertake active measures on behalf of creditors at the stage of reorganisation proceedings, in particular related to negotiating all kinds of agreements with debtors, including determination of liability payment legal collaterals, and on behalf of creditors interested in active participation in bankruptcy proceedings. With respect to bankruptcy proceedings, we can assist creditors in the development and submission of claims related to the insolvent estate, support them in active supervision over receivers’ activities and verify activities undertaken by bankruptcy commissioners.

Moreover, BCLA represents both creditors and debtors in all kinds of court proceedings (other than bankruptcy proceedings) aimed at both vindicating claims and protecting assets against claims filed by possible creditors.