Business distress and company restructuring

In the present economic and market situation, unfortunately business distress happens frequently.

By providing a consolidated professional experience, the Liparota Law Firm is able to help distressed companies through an objective evaluation of their real situation in order to identify the most appropriate strategy and technical instrument in accordance to their specific needs, thus facing the crisis in a targeted and optimal way.

In the Italian legal system, recently a series of institutions have been introduced to overcome distress situations (turnaround), such as debt restructuring agreements (article 182 – bis L. fall (Italian Bankruptcy Law)), fiscal transaction (article 182-ter (third)), recovery plans (article 67, par. 3, d, l. fall), debt cancellation procedure (articles 142, 143 and 144 L. fall.), and the new composition with creditors procedure (article 160 l. fall) – that, if properly applied, makes it possible the survival of a company, thus avoiding the (otherwise inevitable) filing for bankruptcy.

In this area, the Liparota Law Firm provides for the following services:

  • a thorough review of the company financial situation and of its business distress;
  • a strategic management of the crisis in view of the business recovery and the arrangement of debt restructuring plans, well-established recovery plans, restructuring agreements, and fiscal transactions;
  • the negotiation of the agreements with creditors (banks, vendors, employees, etc.), of financing plans and of the related warranties, and dispute management;
  • assistance in the composition with creditors and in the court-approved arrangement with creditors;
  • assistance in voluntary liquidation procedure;
  • assistance in pre-bankruptcy and bankruptcy proceedings;