Bankruptcy

Insolvency triggers mandatory obligations on directors, shifts creditor priorities, and opens a window during which pre-petition transactions can be

Bankruptcy covers legal assessment, document preparation and implementation support in Europe. It is typically relevant to businesses, investors and organisations operating or transacting in one or more countries. The precise rules, competent authority and procedure depend on the subject matter, jurisdiction and facts, with EU and national law considered together.

Key points

  • Scope is determined by the specific service and countries involved.
  • EU law operates together with current national legislation.
  • Documents and contractual mechanisms are tailored to the facts and objectives.
  • Outcomes and timing depend on the parties, authorities and procedure involved.

Jurisdiction and applicable framework

The applicable framework depends on the subject of the service, governing law and countries in which the structure or transaction has effect. EU law and current national legislation are assessed together.

Insolvency triggers mandatory obligations on directors, shifts creditor priorities, and opens a window during which pre-petition transactions can be unwound. We advise insolvent companies, their directors, and creditors on restructuring options, formal insolvency proceedings, and the enforcement or defence of claims within the insolvency estate.

For distressed companies, we assess whether the business can be restructured - through informal workouts, pre-pack arrangements, or formal reorganisation proceedings - or whether liquidation is the only viable path. We also advise directors on their personal liability exposure once the company is balance-sheet or cash-flow insolvent.

For creditors, we file and defend claims, challenge voidable transactions, participate in creditor committees, and enforce security interests within the framework of applicable insolvency legislation.

What this includes

  • Insolvency assessment & director advisory
  • Restructuring & workout negotiation
  • Formal insolvency-proceeding management
  • Creditor-claim filing & defence
  • Voidable-transaction challenges