Financial instability, cash-flow shortfalls, and difficulties meeting assumed liabilities might cause negative impacts on business operations. We provide legal support to ensure that reluctant debtors do not default on their debts while you get back what is rightfully yours. We can help you evaluate whether foreclosure or insolvency makes sense. We will find the most favorable solution to the situation and allow you to obtain benefits where you would not seek them yourself.
Insolvency
Correct assessment of signals about the financial situation of contractual partners is crucial in business. Correctly assessing the solvency of counterparties is not easy. Even consistent information does not guarantee an infallibly accurate result. However, awareness, prevention, and how to respond can help you satisfy claims.
Insolvency is the process of resolving a debtor’s insolvency (bankruptcy) and settling its creditors’ claims. Insolvency is a recovery process of the economy in which an insolvent over-indebted person is discovered, and their debts are subsequently paid compulsorily through insolvency. Resolving debtors’ problems and crises do not always end in bankruptcy. Insolvency can be carried out to the satisfaction of the debtor and the creditors in reorganization or debt relief processes. Initially created insolvency can be averted in insolvency, and insolvency can become a necessary restart of the debtor’s business and an impetus to adopt required changes. The process does not mean the end but heralds a new beginning and the potential for change. We can advise on the right solution choice, assess the implications, and help maximize the value lost to creditors. Insolvency can be an exciting tool for creditors to recover at least some of the benefits.
If you are in the position of a debtor, then by taking the right and timely steps, we can help you not only to recover economically but also to secure the existence of your business. We aim to minimize the resulting adverse legal consequences for management and owners. We provide comprehensive legal advice on insolvency, in particular:
- Legal analysis and analysis;
- Insolvency applications and insolvency petitions;
- Developing strategies to prevent and resolve insolvency;
- Protection of interests, rights and obligations in the insolvency process;
- Communication with insolvency administrators, courts, and all stakeholders;
- Creditor representation in creditors’ bodies (e.g., at creditors’ meetings);
- Creditor disputes and incidents (ranking, authenticity, and existence of claims in insolvency proceedings);
- Legal representation in negotiations with the counterparty;
- Legal representation in proceedings before courts and insolvency administrators.
Executions
Enforcement proceedings are sometimes the only way to enforce one’s rights. Enforcement is a proceeding to enforce an obligation if, even after the court has granted the right, the responsibility is not fulfilled. Unwillingness to comply voluntarily should not be a barrier to the rights and entitlements given. We are prepared to enforce court decisions, arbitral awards, or other enforcement titles by execution. We will assist in the administration of all accompanying matters. We provide legal representation in negotiations with debtors (obligors), creditors (beneficiaries), courts, and bailiffs. We will evaluate the enforceability of claims and choose an appropriate solution for the entire execution duration. Our goal in representing beneficiaries is to fulfill the obligations of debtors (obligors) towards our clients. Our goal in representing debtors is to stop wrongful execution and prevent unlawful enforcement. We provide comprehensive legal advice in the field of foreclosures, in particular:
- Legal analysis and scrutiny;
- Strategy development;
- Recording of legal force and enforceability clauses;
- Preparation and filing of a petition for execution (for ordering the enforcement of a decision);
- Preparation and filing of a motion to stay execution;
- Legal representation in execution (enforcement proceedings);
- Motions for judicial review of ordered executions;
- Resistance and exclusion actions;
- Communication with debtors and executors;
- Communication with creditors and bailiffs;
- Legal representation at auction;
- Legal assistance in the sale of property outside of auction.
