We advise clients involved – either on the asset side (i.e., as investors or creditors) or on the liability side (i.e., as debtors) – in critical Special Situations, i.e., with those phases of a company’s life, of an extraordinary nature, which may compromise ordinary business operations, and require financial restructuring, reorganisation or recourse to bankruptcy procedures.
We assist with the preparation of requests for standstill/moratorium, the drafting of agreements for the sale of distressed debts, non-performing loans (NPL), as well as the preparation of or participation in debt restructuring and consolidation transactions, both court-led (such as the application for concordato in bianco (interim court-driven agreement with creditors), concordato reventive (court-driven agreement with creditors), concordato fallimentare (court-approved arrangement with creditors) and out-of-court (such as the drafting of restructuring agreements under Article 182-bis of the Bankruptcy Law, the preparation of tax settlements under Article 182-ter of the Bankruptcy Law and certified recovery plans under Article 67, first paragraph 1, No. 3, of the Bankruptcy Law).
In this context, we have extensive experience in assisting funds and investment companies operating as third-party underwriters, through (i) the preparation of proposals for compositions with creditors under Article 124 of the Bankruptcy Law, (ii) the valuation of assets, (iii) carrying out due diligence activities, including ongoing litigation and related risks, and (iv) the management of relationships with the proceedings bodies and, more generally, with all parties involved in it.
In providing the services mentioned above, we stand out for our ability to propose and implement the most appropriate solutions for the best realisation of the investment, or the resolution of critical issues encountered by our clients.