Corporate Insolvency

Lenders and creditors in pre-insolvency situations are keen to preserve their rights in the event of a bankruptcy of their counterparty. Typical advice that FischFayot has on offer will include:

  • Legal effects of Gestion contrôlée or faillite on debt securities and loan agreements;
  • Forbearance and waiver arrangements;
  • Availability of emergency or DIP-style financing;
  • Effectiveness of securities and of subordination clauses agreements;
  • Enforcement of securities;
  • Freezing orders over bank accounts and securities in Luxembourg;
  • Change of management;
  • M&A prior or following bankruptcy;
  • Choice of a trustee in bankruptcy (“curateur“) and communicating with the local liquidators and curateurs;

The corporate insolvency legal offering of FischFayot covers a large variety of situations. Typical services include, for both debtors and borrowers:

  • General legal advice on Luxembourg insolvency mechanics, including management and shareholder liability;
  • Advice on out-of-court alternatives to voluntary bankruptcy filings;
  • Legal advice on COMI issues;
  • Voluntary bankruptcy filings;

If you have an interest in any of this for your company or for one of your clients, please contact Laurent Fisch or Franz Fayot and ask for a free and non-binding fee estimate.