Restructuring / Collective Proceedings

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Devise effective crisis recovery optimising collection for the client while ensuring the durability of the debtor’s business activity.

BMHAVOCATS’ Restructuring team brings together two multilingual partners and advises a French and foreign clientele on a full range of topics: from prevention to the liquidation of companies in distress. BMHAVOCATS assists primarily creditors (particularly banks), potential investors (companies or funds), shareholders and managers, foreign administrative receivers as well as businesses in difficulty.

We support our clients in a proactive manner in negotiations on preventive procedures (ad hoc mandate, conciliation) and we reflect creatively on crisis resolution and on the valorisation of assets.

In the context of judicial proceedings (safeguarding, receivership and liquidation), we assist our clients at every stage of the proceedings, and we represent them before the courts.

BMHAVOCATS stands out particularly for its multicultural, especially German-speaking, awareness. This enables a personalised approach in the service of a foreign clientele unused to French procedures. The majority of cases handled include an international dimension often involving several jurisdictions.

Our complementary know-how in mergers and acquisitions, financing and litigation enables us to to develop practical, innovative and effective solutions.

BMHAVOCATS’ fields of expertise include the following:

  • preparation for the opening of various proceedings and support to debtors throughout collective proceedings,
  • negotiation on behalf of debtors or creditors under ad hoc mandate and conciliation proceedings,
  • renegotiation and structuring of financial debt (real estate or corporate),
  • support to banks in banking pools,
  • negotiation and implementation of trusts,
  • representation and debt collection for creditors, particularly foreign banks, support in creditor committees,
  • declaration of claims, actions for recovery,
  • auditor missions during safeguarding, receivership or liquidation proceedings,
  • representation of, particularly German-speaking, foreign judicial administrators in French collective proceedings,
  • development of safeguarding and recovery plans,
  • the takeover of businesses in distress (sale plans),
  • litigation (invalidity proceedings; shareholders’ or management liability),
  • piloting and strategy for debt collection on behalf of creditors and their insurers in complex cases of cross-border insolvency.

Recent missions:

  • Petroplus: assistance, advice, negotiation and representation of the principal shareholder (Petroplus Marketing AG, initially listed in Zurich) and of its Swiss judicial liquidators in the context of the receivership and, later, the liquidation proceedings of an oil refinery involving the implementation of a management trust of an oil stock.
  • Nice-Matin: advice, assistance and representation of the bank creditor having financed the rotary press for the newspaper in the context of the transfer of assets to the SCIC Nice-Matin.
  • Support to a German bank within a pool in negotiations concerning the bank debt of a portfolio of office buildings in the context of conciliation proceedings with the implementation of a trust.
  • Support to a German bank within a bank pool in the restructuring of the debt of a European printing group.
  • Advice to a German bank on the strategy for the restructuring of the debt of a French real estate company, subsidiary of a listed German real estate group in insolvency proceedings (debt-to-equity swap).
  • Support to a German bank within a pool in the restructuring of the debt on a large-scale infrastructure project.
  • Assistance to a credit insurer having insured oil supplies in the context of insolvency proceedings in Denmark and Singapore.
  • Support to a banking pool in the context of conciliation proceedings for a project company owner of a shopping centre.
  • Assistance and advice to a banking pool in the renegotiation of a loan for the financing of a shopping centre
  • Full strategic and legal advice for the closing of industrial sites in France.
  • Support and representation of an Austrian judicial administrator in the context of receivership proceedings concerning a French firm having marketed historical manuscripts to 17 000 investors.
  • Hager: Advice to the German industrial group (Hager) in the context of the takeover in the form of a sale plan of the companies Artys and Potentiel, in receivership.
  • Support to a British creditor in the context of the secondary proceedings of a German company in France: contesting the capacity of French courts in the opening of secondary proceedings at the request of the German provisional insolvency administrator, defence of the client’s interests in invalidity proceedings for securities accepted as collateral for a loan, defence of the client’s interests in a liability lawsuit filed by the French liquidator.
  • Strategic consultation on the risks of engaging the responsibility of the German parent company in the context of possible collective proceedings initiated against its French subsidiary.

Classification “LEGAL 500 Paris”: Recommended
Classification “LEGAL 500 EMEA”: Recommended
Classification “Décideurs”: Hoher strong reputation