Skip to content

Restructuring and Insolvency

Financial distress affects payment commitments, security arrangements and business continuity. Legal assessment connects those obligations to the company’s financial position so that the parties can consider negotiations, formal reorganization or an orderly wind-down.

Debt restructuring starts with the claims, security interests and contractual obligations that may affect a proposed arrangement. Advice covers extensions, revised terms and agreements with creditors. The choice of documentation takes account of the cash-flow information supplied by the company and dependencies between facilities, guarantees and operating contracts. Financial assumptions remain explicit throughout the process.

In Brazilian judicial and out-of-court reorganization proceedings, the work includes reviewing documentation, negotiating plans and representation in the relevant procedures. For creditors, assessment addresses the claim, its security and available participation in the process. Debtors, creditors and prospective investors approach the same situation with different interests, requiring separate analysis and appropriate conflict checks.

Acquiring distressed assets requires scrutiny of the sale structure, liabilities and conditions for continuing the business. In bankruptcy proceedings, our work covers claims and asset-related measures, in coordination with financial and accounting professionals.

Scope of Work

  • Debt restructuring negotiations and documentation.
  • Judicial and out-of-court business reorganizations.
  • Creditor representation and review of security arrangements.
  • Distressed asset acquisitions and disposals.
  • Bankruptcy proceedings and creditor claims.

In Practice

Does the same assessment apply to debtors, creditors and investors?

No. Each position requires reviewing its own rights, security, contractual dependencies and objectives, as well as potential conflicts. Legal advice works alongside financial and accounting information to examine negotiation options and relevant proceedings.

For an Initial Discussion

Identify your position, the claims or obligations involved, security and deadlines. Indicate whether negotiations, enforcement, restructuring or bankruptcy proceedings are already underway.

Each engagement is defined by the circumstances of the matter and the scope agreed with the client.

Contact the firm.