Our team advises clients on general commercial matters, as well as creditors and other stakeholders on situations involving financial difficulties of a corporate debtor.
Restructuring & Insolvency
At Arendt, we also have dedicated experts for restructuring and insolvency (R&I) work including out-of-court and court restructurings and insolvency proceedings, as well as cases involving foreign jurisdictions.
We develop creative solutions to preserve value for creditors, as well as for business owners.
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In December 2022, and for the second year in a row, Arendt & Medernach has been named by Global Restructuring Review as belonging to a select group of law firms worldwide doing remarkable, best-in-class cross-border restructuring and insolvency work. |
Strategic advice and legal solutions
Our R&I team works in close collaboration with Arendt Services (AS), Arendt’s corporate and investors services company, specialised in domiciliation, corporate secretary, business creation and liquidations, as well as with Arendt Business Advisory (ABA), Arendt’s dedicated advisory and management consulting firm specialised in strategic and entrepreneurial support, corporate finance, sustainability analysis, crisis negotiation and turnaround/restructuring management.
In-depth expertise
Our team of dedicated experts provides efficient and comprehensive advice to all intervening parties facing situations of financial difficulties, restructuring or insolvency proceedings, i.e.:
Shareholders
- Advice on the investment in and disposal of distressed companies or assets
- Advice on the restructuring of portfolio companies
- Advice on liability and voidance claims
- Valuation of assets (ABA)
- Restructuring and turnaround plans (ABA)
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Creditors (financial institutions, debt funds, bondholders, suppliers)
- Advice to lenders in secured and unsecured financings to distressed companies
- Representation at creditors’ committees and bondholders’ meetings
- Advice on debt-for-equity swaps
- Application towards a debtor’s bankruptcy
- Advice on liability and voidance claims
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Distressed businesses
- Advice on contingency planning, debts maturities, liquidity shortfall
- Advice on restructurings with major stakeholders
- Assistance with the refinancing of external debt
- Insolvency filings
- Social plans and related employment law matters
- Valuation of assets (ABA)
- Restructuring and turnaround plans (ABA)
- External liquidator, including for illiquid assets (AS)
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Board members
- Advice in relation to personal liability claims
- Assistance in criminal law matters
- Board mandates / Interim management of distressed companies (AS/ABA)
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Receivers, liquidators, administrators and other insolvency practitioners
- General assistance to foreign insolvency practitioners
- Assistance to local receivers and liquidators in relation to matters requiring specialised expertise and/or resources
- Valuation of assets (ABA)
- Restructuring and turnaround plans (AS)
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Our global service offering also encompasses the following additional areas of work:
- General advice on the conditions and consequences of an insolvency
- State aid advice in relation to restructurings
- Representation before local and foreign courts
- Expert opinions on Luxembourg law matters for foreign courts
- Advice on tax matters in the context of a distressed investment or business
- Corporate services in relation to takeover of distressed companies (AS)
- Preparation of financial statements and cash flow projection (AS)
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Our integrated approach, unique in the Luxembourg legal landscape, enables Arendt to offer legal advice combined with operational consulting and crisis management solutions.
An insightful guide to help general counsel, government agencies and private practice lawyers understand the prevailing conditions in the global restructuring market.
A guide providing business-focused legal analysis and insight in the most significant jurisdictions worldwide. The contributions reflect diverse viewpoints and approaches, which in turn reflect the diversity of their respective national commercial cultures and laws.
An article providing an overview of the current general legal framework in Luxembourg for reorganisation proceedings as well as of the upcoming reform of such proceedings which is due to be formally adopted in the coming months.
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