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Restructuring

Restructuring and bankruptcy

A highly qualified team of advisers ensures that restructuring can be carried out both in a crisis situation caused by deteriorating financial situation and in the event of a desire to stabilise the position of the entrepreneur on the market and in the moment of dynamic development of the...

A highly qualified team of advisers ensures that restructuring can be carried out both in a crisis situation caused by deteriorating financial situation and in the event of a desire to stabilise the position of the entrepreneur on the market and in the moment of dynamic development of the...

A highly qualified team of advisers shall ensure that restructuring can be carried out both in a crisis situation caused by the deteriorating financial situation and in the event of a desire to stabilise the position of the entrepreneur on the market and in the event of the dynamic development of the business.

In the framework of restructuring advisory services we provide among others:

  • • preparation of the restructuring plan
  • • acting as supervisor in proceedings for approval of the arrangement under a contract with the debtor
  • • acting as supervisor and manager in restructuring proceedings with the consent of the creditor
  • • Applications for consumer bankruptcy
  • • Applications for bankruptcy
  • • restructuring advice
  • • bankruptcy advice

We provide professional and discreet negotiation and conclusion of out-of-court and arrangement agreements on the creditor's line – debtor in order to postpone payment of commitments, spread over instalments and reduce them.

{tab title="Restructuring plan"}

Any restructuring starts by identifying smaller or larger liquidity problems. The next step is to find a solution to the difficult situation of the debtor.

It is helpful in this situation to draw up a comprehensive restructuring plan at the earliest stage, which includes an analysis of the causes of the difficult situation and the initial restructuring measures.

As part of the services, the preparation of the restructuring plan includes:

  • • we will conduct an analysis of the conditions of insolvency and of the risk of insolvency
  • • indicate possible options for the restructuring procedure
  • • We'll do a financial and financial analysis of the company.
  • • We will propose available restructuring measures
  • • We'll give you preliminary arrangement proposals.

{tab title="Approval of the system"}

Procedure for approval of the system, operating since December 2021, also called PZU 2.0 has the slightest formality and little interference of the court. This is the only procedure in which the debtor decides who will be his supervisor by concluding a contract with the elected restructuring advisor.

Restructuring proceedings shall be carried out in relation to a debtor who has become insolvent (he has lost his ability to comply with due obligations) or is in a situation of insolvency (he may become insolvent in the short term).

Advantages of the approval procedure:

  • • No order is required for the court to open proceedings
  • • Low level of formalisation
  • • Limited interference of the court
  • • Independent selection of the arrangement supervisor
  • • Choice of path with special protection of debtor
  • • Conduct speed
  • • The ability to conduct most remotely
  • • It has consequences such as in other restructuring proceedings

{tab title="Sender and manager"

Any restructuring starts by identifying smaller or larger liquidity problems. The next step is to find a solution to the difficult situation of the debtor. It is helpful in this situation to draw up a comprehensive restructuring plan at the earliest stage, which includes an analysis of the causes of the difficult situation and the initial restructuring measures.

As licensed restructuring advisors, we serve as Supervisors of the arrangement by supervising the activities of the debtor in the approval procedure. The arrangement supervisor does not restrict the debtor on the board of directors by his assets and his role is rather to assist the debtor in restructuring, preparing arrangement proposals and voting on the arrangement.

The judicial supervisor, on the other hand, is fully supervised in both the accelerated arrangement procedure and the arrangement procedure. The Supervisor's role corresponds to the powers of the judicial supervisor in the previous bankruptcy with the possibility of concluding an arrangement. A judicial supervisor shall be required, subject to the rigor of annulment, to carry out activities exceeding the scope of the ordinary board, unless the law provides for the approval of the creditor board.

In the sanctioning procedure, as the Administrator, we hold the board with the debtor's assets. The function of supervisor or administrator, as in insolvency proceedings, may be exercised only by a person who holds the license of a restructuring advisor

The Judicial Supervisor and the Judicial Administrator must be appointed by the court respectively in the order to open the arrangement procedure and in the order to open the sanction procedure. The selection of a person holding a restructuring adviser's licence, which he cites to perform these functions, However, the court will, in principle, itself be bound by an application of the debtor supported by creditors with a total of more than 30% the total amount of the claim.

tab title="Consumer failure"

Our restructuring advisors will help prepare a complete application for consumer bankruptcy for individuals who are in a personal difficult asset situation. The request for bankruptcy is worth considering regardless of how large the amount of debt is.

Consumer failure is available to non-active entrepreneurs, i.e. entrepreneurs who have decided to close their activities.

As part of services related to consumer bankruptcy, we deal with:

  • • the analysis of the debt status and the compilation of the inventory of claims
  • • preparing a complete application for bankruptcy in the CRS system
  • • development of a simulation of the creditor repayment plan
  • • an analysis of what assets will potentially enter the bankruptcy and what will be left at the debtor's disposal
  • • bankruptcy proceedings

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