Business distress and protection of creditors
I act for creditors when a business partner is in financial difficulty, advising on insolvency proceedings, proofs of claim, negotiated restructuring procedures (composizione negoziata), repayment arrangements and the defence of clawback actions.
I examine the creditor’s position, the deadlines to be met and the prospects of recovery to identify the most appropriate steps.
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What I do
- Proof of claim
- Applications for admission of claims, review of the schedule of claims and related challenges, with attention to the ranking of the claim.
- Insolvency proceedings and negotiated restructuring
- Protection of creditors in judicial liquidation, composition with creditors (concordato preventivo), restructuring agreements and negotiated restructuring procedures.
- Clawback actions
- Defence against clawback actions and repayment demands brought by the insolvency officeholder, and assessment of the risks relating to payments received.
- Negotiation with a distressed debtor
- Repayment arrangements, guarantees and positions to protect before the crisis worsens.
- Insolvency litigation
- Disputes involving insolvency officeholders and liability claims.
My approach
In situations of distress I assess the claim, the guarantees and the information available on the debtor. The discussion with the client concerns the steps to be taken, their costs and the prospects of recovery.
Selected matters
- Debt recovery and insolvency
Acting for a mortgage creditor in filing a proof of claim in insolvency proceedings and protecting the ranking of the claim.
- Debt recovery and insolvency
Acting for a business in negotiating repayment arrangements with debtors in financial distress.
- Debt recovery and insolvency
Acting for a company in responding to repayment demands and clawback actions brought by an insolvency officeholder.
From my profile
I have dealt with relations with distressed companies, repayment arrangements, insolvency proceedings, negotiated restructuring procedures and clawback actions.
Read the full profileFrequently asked questions
My debtor is in judicial liquidation: how can I assert my claim?
The deadline for filing a proof of claim must be checked, and the debt, any priority and any security must be documented. I also review the insolvency officeholder’s notice to identify the steps required. The proceedings and the deadlines should be stated from the first contact: I will explain how to send the documents.
The insolvency officeholder is asking me to return payments: is it compulsory?
The demand must be assessed against the legal requirements for a clawback claim and any applicable exemptions. I review the dates, amounts and methods of payment, together with the circumstances of the relationship, to assess the available defences and the scope for a negotiated resolution.
An important customer is in difficulty: how can I protect myself before it is too late?
Payment terms and methods can be renegotiated while obtaining guarantees, supply conditions can be reviewed and the claim can be carefully documented. Any agreement must, however, be structured taking into account the risk of future insolvency proceedings, so as not to expose the payments to clawback.
Request an initial consultation
To raise a matter or request a confidential initial consultation, you can contact the practice.