Bankruptcy And Reorganization

Our Bankruptcy and Reorganization practice represents clients facing adverse economic conditions, struggling partners, cash flow and refinancing difficulties, and complex restructurings.

At Sekri Valentin Zerrouk, we are committed to providing swift, reliable, value-added solutions to these economic and employment-law problems.

We advise our clients on every aspect of the restructuring processes. We represent debtors both prior to and during insolvency or bankruptcy proceedings, and we represent buyers seeking to acquire the assets of distressed companies.

For the last several years, Sekri Valentin Zerrouk has been ranked among the top bankruptcy and reorganization practices.

RESTRUCTURING – BANKRUPTCY PREVENTION

The firm assists its clients in the following areas:

  • creation of trust structures to limit labor-related risks from restructurings
  • sales of subsidiaries, equity investments, debt securities, and under-performing assets, including business units;
  • corporate reorganizations, including spinoffs, carve-outs, and mergers;
  • legal analysis and advice regarding insolvency, liability, and the status of pledges and liens;
  • entry into new financing, whether by finding new investors, offering hybrid securities, or otherwise; and
  • Representation of the distressed company, its shareholders, or its creditors in ad hoc agency or mediation proceedings.

INSOLVENCY PROCEEDINGS: SAFEGUARD PROCEDURES, ACCELERATED SAFEGUARD PROCEDURES, BANKRUPTCIES, AND LIQUIDATIONS

Sekri Valentin Zerrouk represents distressed companies, management, and creditors in insolvency proceedings.

We assist distressed companies with the following:

  • the selection of the procedure that best fits the company’s situation and goals;
  • the preparatory phase, including relationships with creditors (banks, government creditors, and suppliers) and the filing of the appropriate documentation, such as a declaration of insolvency (cessation des paiements) or a request for a safeguard procedure (procédure de sauvegarde);
  • during the proceedings: managing creditors’ claims, monitoring financial condition, securing supplier support, setting up exit solutions;
  • management of relationships with court-appointed insolvency practitioners and commercial courts;
  • drafting and negotiation of restructuring plans (safeguard or continuation plans, asset plans) both with creditors and with the court-appointed insolvency practitioners; and
  • legal documentation to implement restructuring plans.

When the firm represents a creditor or a contractual counterparty, it provides assistance with:

  • preservation of creditor rights (filing claims, recovery actions, continuation of ongoing contracts);
  • monitoring the procedure;
  • managing relationships with court-appointed insolvency practitioners and commercial courts;
  • negotiating restructuring plans both with the debtor and with the court-appointed insolvency practitioners; and
  • Representing creditors in court hearings.

ACQUISITION OF DISTRESSED COMPANIES

Sekri Valentin Zerrouk also represents clients seeking to acquire the assets of distressed companies, including the following assistance:

  • structuring the transaction and determining its scope: assets, employees, contracts, etc.;
  • drafting, filing, and presenting the acquisition offer to the court;
  • interaction with court-appointed insolvency practitioners and the commercial court; and
  • Drafting agreements for the sale of the business or specific individual assets.