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:

  • Finland/France: Support to the private equity fund Capiton in the French portion of the Dynea acquisition.
  • Belgium/France: Support to the private equity fund Altor Equity Partners in the acquisition of the French subsidiary of the Belgian group De Smet and Engineers and Contractors SA.
  • USA/France: Support to Ari Fleet (USA) in the French portion of the acquisition of a European leasing group.
  • Germany/France: Financial restructuring of the French companies of a German industrial group.
  • France-USA/ Qatar: Support to French-American company in relation to a joint venture in Qatar.
  • USA/France: Support to an American company in relation to an acquisition with a French subsidiary.
  • Germany/France: Support to Müller Licht (Germany) in the acquisition of the French portion of a European group.
  • Germany/France: Support to a German group in relation to the acquisition of a French software company.

Rankings :

Ranking “LEGAL 500 Paris 2016/2017″ in Insolvency

Ranking “LEGAL 500 EMEA 2018″ in Insolvency

BMH Avocats ‘always looks for solutions even in the hardest situations’: the three-lawyer team ‘never gives up and always keeps on going when the road is long and difficult’. It regularly assists German and international clients including banks, while also acting for some companies, investment funds and receivers. The recent caseload includes representing the Autrichian judicial receiver in the Aristophil case and dealing with several property-related cases. Anja Droege Gagnier is in charge.

Ranking “Décideurs Juridiques”

  • Reorganization and restructuring – Insolvency Procedures: Occasional & Regular Contractors – Ranking 2016 of the best law firms (France) – France
  • Reorganization and restructuring – Banks & Debt Holders – Ranking 2018 of the best law firms (France)- France
  • Reorganization and restructuring – Mid-Cap Insolvency & Stakeholder Protection – Ranking 2018 of the best law firms (France) – France