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restructuring & insolvency
Schoenherr's experts provide legal advice to lenders and distressed borrowers in all aspects of restructuring and insolvency matters.
"Schoenherr continues to be the absolute market leader in restructuring."
Schoenherr has an outstanding record of advising on restructurings and insolvency-related matters. A dedicated team does not only provide concise advice on insolvency law and related areas of law, but always considers the commercial implications. Well-regarded for its ability to efficiently handle complex, large-scale situations, the team advises on domestic and cross border restructurings, distressed transactions and insolvency-related litigation as well as all other areas of insolvency law.
Schoenherr advises distressed borrowers, lenders, potential investors and foreign insolvency administrators on all matters relating to insolvency law.
The team has acted for a number of Austrian banks, advising on proceedings under the European Union's Bank Recovery and Resolution Directive. In addition, in recent years the team has built a strong track record of advising investors on the acquisition of distressed businesses out of insolvency.
Schoenherr is also permanent counsel to international banking associations in connection with close-out netting issues.
our services
- pre-insolvency reorganisations and refinancings
- advising management of distressed companies
- protection of creditors' rights in pre-insolvency and insolvency situations
- distressed transactions, including acquisition of distressed companies and out of insolvency proceedings
- representation in insolvency proceedings
- insolvency-related litigation, in particular claw-back litigation
- risk assessment for lenders
- structuring transactions to be insolvency-remote
- close-out netting
news
roadmap
New preventive restructuring framework finally arrived in the Czech Republic
After a delay of more than a year, an Act on Preventive Restructuring (the "Act") implementing the EU directive on preventive restructuring frameworks finally became effective in the Czech Republic on 23 September 2023. The long-awaited Act introduced a brand-new legal tool enabling viable enterprises in temporary financial distress to achieve restructuring outside insolvency proceedings. It is a voluntary and flexible process requiring cooperation with creditors, but not necessarily with all of them.
roadmap
Share purchase rights in Austrian insolvency proceedings
Shareholders of Austrian limited liability companies ("GmbH") often stipulate the right to purchase the shares of co-shareholders in certain events. These "share purchase rights" (Aufgriffsrechte) entitle the remaining shareholders to acquire the share of a shareholder when a contractually defined event (Aufgriffsfälle), like insolvency or the death of a shareholder, occurs. Often these rights are laid down in articles of association or a separate shareholders' agreement (Syndikatsvertrag). They are generally qualified as option rights.
newsletter
What changes will the Czech Republic's new preventive restructuring act bring to debtors and creditors?
After a delay of more than a year, an act on preventive restructuring (the "Act") implementing the EU directive on preventive restructuring frameworks finally became effective in the Czech Republic on 23 September 2023. The long-awaited Act introduces a brand-new legal tool preventing the insolvency of viable enterprises in temporary financial distress.
info corners
info corner
restructuring directive info corner
Check out our restructuring directive info corner for regular updates and legal insights on the implementation of the Restructuring Directive in CEE.
info corner
NPL directive info corner
This info corner offers insights into the current status of the NPL Directive adoption, and the implications for selling banks, credit servicers and purchasers under the new regulatory framework.
team
our team
Our restructuring & insolvency team consists of experienced lawyers across our offices in CEE.