“Respect for people, sincerity and loyalty are the basis of every relationship that lasts over time.
Relationships are a precious resource that can generate value.
The value grows and becomes significant when it can be shared with those who need to feel better.”
Roberta Abbate
Food Commodities Area Manager
Crisis management: involving creditors in relaunching the company by leveraging the regulations of the bankruptcy law.
We assist the entrepreneur and the company in the operations of the bankruptcy law, arrangement with creditors pursuant to art. 160 and debt restructuring agreements pursuant to 182.
The Areas of Activity
Debt restructuring agreements pursuant to art. 182 l.f.
Agreement with creditors pursuant to art. 160 l.f.
The entrepreneur who is in a state of crisis can request, by filing the documentation provided for in Article 161 L.F., the approval of a debt restructuring agreement stipulated with creditors who represent at least 60% of the credits. This is the first out-of-court phase. The restructuring plan must in any case provide for the payment of the remaining 40% of the debts of the “foreign” creditors.
The second phase is judicial and provides for the homologation of the court. The goal is to restore the situation of economic and financial equilibrium by ensuring the recovery of the debt exposure while protecting it from any revocation actions that could be taken in the event of failure of the restructuring plan.
We assist the company in restructuring activities, from the development of strategies to operational implementation; implementation of the business plan and financial plan; negotiation with creditors; debt restructuring agreement with financial operators.
The entrepreneur who is in a state of crisis can propose to creditors an arrangement with creditors based on a recovery plan. It is a typical operation of the most serious crisis situations because it can include a wide range of interventions, including debt restructuring, credit satisfaction in any form, the use of financial instruments such as shares and bonds, segmentation of creditors in classes and their differential treatment.
The condition is that the composition proposal ensures at least 20% of the amount of the unsecured credits. In the case of an agreement on continuity, this percentage is 5/10%. The goal is to allow the entrepreneur who is heading towards a liquidation procedure to negotiate, through the judicial instrument, a partial debt repayment plan; in the case of a continuity arrangement, also put the company in a position to continue the business in economic-financial equilibrium.
Assistance in business restructuring activities from the development of strategies to operational implementation; implementation of the business plan and financial plan; negotiation with creditors; consultancy assistance in the context of the arrangement with creditors.
