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Distressed Companies and Restructuring

Lawyers in the firm’s Distressed Companies and Restructuring department advise and assist debtors, creditors, investors, shareholders and directors on all legal issues relating to preventive pre-insolvency proceedings, collective insolvency proceedings and debt restructuring of distressed companies, whether voluntary or involuntary, at a national and international level.

The team has finely-honed expertise and a recognized practice in handling preventive pre-insolvency proceedings, collective insolvency proceedings, the management of turnaround situations, as well complex distressed cases.

The department also handles the litigation aspects of collective insolvency proceedings, including associated liability claims; as well as commercial litigation.

“ The team has solid experience and the complementary skills needed to efficiently support companies and their shareholders, and occasionally represents investment and turnaround funds. Their strong expertise in M&A, litigation and restructuring enables them to provide clients with global solutions.”

Décideurs Magazine – Restructuring et Entreprises en Difficulté2021

The Distressed Companies and Restructuring team also benefits from the unique experience of Guy Elmalek, Honorary President of the Paris Commercial Court and former General Delegate for the Prevention and Treatment of Business Difficulties.

Area of expertise

Review of the difficulties encountered by the debtor and design of turnaround strategies; analysis of the rights and interests of creditors; court-appointed ad hoc representative; conciliation; request(s) for moratoriums; renegotiation of bank, supplier or public debt and negotiation of agreements with creditors; acknowledgement or approval of the agreement obtained.

Advice and assistance within the framework of a safeguard or corporate rehabilitation plan or of a takeover offer in the context of a disposal plan / sale of individual assets; lodging and contesting claims; proprietary claims; appointment as controller (inspector).

Rehabilitation or liquidation petition by a creditor; extension of proceedings to another entity; litigation of liability claims: claims in liability for insufficient assets, abusive financial support, bankruptcy, disqualification of directors, personal bankruptcy.

Shareholder disputes; liability claims against de facto or de jure directors for mismanagement; competing claims; attachments and protective measures; enforcement.

Newsroom

BERSAY advises TotalEnergies Wash France, the largest car wash network in France

Reference
Sucess
Smart Lex

Restructuring : quels enjeux pour les entreprises dans le contexte actuel ?

Publication
17 May 2021

Bersay further strengthens its Restructuring department and welcomes Juliette Bour as Counsel

News
29 March 2021

Bersay advises Antares Vision Spa in the acquisition of the assets of Adents High Tech International

Reference
Deals

Team

Jérôme
Bersay
Partner
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Frédéric
Flatrès
Partner
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Juliette
Bour
Counsel
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Pauline
Darmon
Counsel
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Guy
Elmalek
Counsel
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Alexandre
Ancel
Associate
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Valentin
Besnard
Associate
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Magda
Gillaux
Associate
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