Insolvency & Restructuring

When a company faces cash-flow tensions, significant unpaid debts, or tax or social-security deadlines that are difficult to meet, it is sometimes possible to act before a standard insolvency procedure is opened. Prevention tools, in particular conciliation, make it possible to organise a negotiation under the authority of the court, within a confidential and structured framework.

The aim is to regain control: obtaining time, rescheduling a debt, securing cash flow, preserving business continuity and restoring the confidence of essential partners.

In particular, we assist with:

• analysing the company’s economic, financial and legal situation;
• identifying the appropriate tool: amicable negotiation, conciliation or crisis-exit procedure;
• preparing the file to be presented to the court;
• supporting the director in dealings with creditors, the conciliator and the relevant bodies.

When an insolvency procedure becomes necessary, every decision counts: declaration of suspension of payments, choice of procedure, preparation of the file, management of ongoing contracts, relations with creditors, protection of the business and preparation of an exit solution.

The firm assists directors in setting up and following the procedure, whether a safeguard (sauvegarde), a judicial reorganisation (redressement judiciaire) or, where continuing the business is no longer possible, an organised liquidation.

In particular, we assist with:

• characterising the situation and determining the most appropriate procedure;
• assembling the opening file and securing the necessary documents;
• assisting the director during the observation period;
• preparing a plan, a sale, a conversion or the closing of the procedure.

Restructuring a company is not only about cutting costs. It means preserving the business, restoring profitability, reorganising liabilities, renegotiating sensitive commitments and giving the company a sustainable trajectory again.

The firm supports directors in identifying the real causes of the difficulties and implementing a realistic action plan, whether negotiated with the company’s partners or organised within a court framework.

In particular, we assist with:

• establishing a financial, contractual, employment and operational diagnosis;
• identifying the relevant restructuring levers;
• organising negotiations with banks, creditors, landlords, suppliers or shareholders;
• securing the implementation of the plan and preventing future disputes.

The opening of an insolvency procedure can expose the director personally, in particular where they have granted personal guarantees or sureties. It may also lead to a review of their past management, with risks of civil, professional or, in certain situations, criminal sanctions.

The firm works to map the director’s personal commitments, anticipate the risks of liability and build a clear, documented and consistent line of defence.

In particular, we assist with:

• listing the personal guarantees, sureties and security interests;
• analysing the risks relating to past management;
• preparing the relevant explanations and supporting documents;
• defending the director in the event of a challenge, sanction or litigation action.

Acquiring a company or a business out of insolvency before the court can be an opportunity for external growth. It does, however, require presenting a structured, credible, financed and legally secure offer, often within a very short timeframe.

The firm supports prospective buyers in analysing the file, defining the scope acquired, drafting the offer and presenting it before the court.

In particular, we assist with:

• analysing the assets, contracts, workforce, risks and constraints of the file;
• defining the offer strategy: scope, price, financing and warranties;
• drafting the acquisition offer and its schedules;
• defending the project before the court and securing its implementation after the decision.