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Macchi di Cellere Gangemi has gained significant experience in insolvency matters, in particular within the framework of restructuring agreements and consolidation plans, of 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. Our attorneys assist clients in connection with all insolvency aspects of banking, financial and commercial transactions. Our team of legal experts cooperates closely with other professionals of the Firm and, in particular, with those from the departments of litigation, banking and finance law and labor law. Our professionals assist both in national and cross-border insolvency proceedings, while also offering support 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 clients 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’ and Debtors’ rights – Our professionals have gained considerable experience on matters regarding the rights and obligations of creditors and debtors, the drafting of legal opinions in this area and the reduction of risk of default in transactions.
Settlement Agreements and Restructuring Plans – As “attorneys to the rescue of companies” our attorneys engage in finding solutions and reaching 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 in rapid credit recovery activities through effective dispute resolution. Our attorneys are also specialised in the sale of assets, mergers and acquisitions.
Distressed Debt – The Firm represents 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 maximise the leverage of our clients.
Cross-border assistance – Our professionals coordinate with foreign colleagues in order to provide support on all the cross-border profiles of the operations conducted, from acquisitions to sales of business branches or assets, to requests for information relating to statutory powers and procedural aspects.
Insolvency and Bankruptcy proceedings – The Firm assists commissioners and trustees in bankruptcy procedures in the negotiation and drafting of agreements with creditors, aiming to maximise the profits of our clients with specific strategies for debt recovery, fight against fraud, protection against suspicious trusts and currency transfers.
Dispute resolution – Our professionals represents clients in litigation arising from situations of financial crisis, either in ordinary and bankruptcy courts or in arbitration. The Firm has participated, both as plaintiff and defendant, in cases, related to preferred rights, revocation actions and in debts recovery and verification.
Tax aspects – Along with our tax professionals, our attorneys have significant experience in compiling legal opinions and developing bankruptcy strategies for companies and third parties involved with insolvent companies.