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Insolvency and corporate reorganisations

Macchi di Cellere Gangemi has gained significant experience in insolvency matters, in particular within the framework of restructuring agreements and consolidation plans, insolvency and bankruptcy proceedings in general and in relation to agreements and composition with creditors and transfer of assets to creditors and/or third parties in these proceedings. Our attorneys assist clients in connection with all insolvency aspects of banking, financial and commercial transactions. Our team of legal experts in the field of insolvency works closely with other professionals of the Firm and, in particular, with those who deal with litigation, banking and finance law and labor law. Our attorneys assist both in national and cross-border insolvency proceedings, while also offering assistance in the application and enforcement of European regulations. The department has also gained considerable experience in insolvency matters concerning loans granted to companies in crisis ("distressed assets") and high-yield operations, assisting the client in cases of possible critical profiles arising from transactions with companies at risk of default, and in the acquisition of assets in insolvency proceedings.

Creditors’/debtors’ rights - The rights and obligations of creditors and debtors, the drafting of legal opinions in this area and reducing the risk of default in transactions that our clients wish to make are the areas in which our professionals have gained considerable experience.

Settlement agreements and restructuring plans – As “attorneys to the rescue of companies” we apply our ability to find solutions and reach settlement agreements with creditors. Our attorneys have extensive experience in negotiating and drafting of cooperation agreements with consultants, in the execution of standstill agreements and rapid credit recovery activities through effective dispute resolution. Our attorneys are also specialized in the sale of assets, mergers and acquisitions.

Distressed debt - We represent the parties in the assignment of distressed loans, assisting them in relation to all aspects of financial restructuring, from the moment of default to the conclusion of the restructuring or liquidation operation, identifying and trying to maximize the leverage of our clients.

Cross-border assistance - Our attorneys coordinate with foreign colleagues the cross-border profiles of the operations conducted, from acquisitions to sales of business branches or assets, requests for information relating to statutory powers and procedural aspects.

Insolvency/bankruptcy proceedings - Our attorneys assist commissioners and trustees in bankruptcy in the negotiation and drafting of agreements with creditors, with the goal of maximizing the profits of our clients with specific strategies for debt recovery, fight against fraud, protection against suspicious trusts and currency transfers.

Dispute resolution - We assist our clients in litigation arising from situations of financial crisis, either in ordinary and bankruptcy courts or in arbitration. We assist in cases, both as plaintiff and defendant, related to preferred rights, revocation actions and in debts recovery and verification.

Tax aspects – Along with tax professionals, our attorneys have significant experience in legal opinions and developing bankruptcy strategies for companies and third parties involved with insolvent companies.

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