Law

INSOLVENCY PRACTITIONERS

Our advisory group has many years of experience with comprehensive legal advice for insolvency administrators. At the same time, we defend the rights of creditors who are forced to recover their claims in insolvency proceedings, and we also provide advice to entities that are resolving or planning to resolve their unfortunate economic situation by filing an insolvency petition. Last but not least, we also defend our clients against possible unjustified claims of the insolvency administrator (unjustified damage to property or recovery of receivables).

Due to our long-term cooperation with insolvency administrators, we have a unique know-how and we know what really bothers the insolvency administrator. We are able to effectively cover the full range of issues that administrators need to address in their agenda (including possible court sanctions). We specialize mainly in complicated incidental disputes and, with the assistance of our strong recovery department, we effectively recover receivables belonging to the property.

Are you a creditor and cannot recover your claims? Do you need advice on filing a creditor insolvency petition, do you disagree with the debtor's debt relief, do you need to be represented in creditor bodies or are you claiming insolvency? Contact us. We represented our clients - creditors in insolvency in all conceivable situations. We will advise you on the effective assessment of risks and at the same time we will supervise the course of insolvency proceedings in order to achieve maximum satisfaction of your claim.

Last but not least, we also provide legal advice to entities that are considering resolving the situation by filing an insolvency petition. We perform an analysis of the risks and benefits of a possible insolvency petition. We have extensive experience with crisis management of companies. If you arrive on time, we can save your business together and help you avoid insolvency. We are specialists in corporate restructuring and reorganization and we can choose the procedure accepted by both the debtor and the creditor. In our ranks we have an insolvency administrator, who was the first to obtain a license under the new legislation, Mgr. Ing. Jan Škripek. Mgr. Škripko has a legal and at the same time economic education, has been working as an insolvency administrator for almost fifteen years and is also a lawyer focusing on insolvency law. In the area of ​​insolvency, there are few experts who are able to provide a similarly comprehensive insight into the issue. Under his leadership, the entire insolvency division operates, which also includes other experts in insolvency issues. What we focus on in particular:

For insolvency administrators

  • representation in all types of incidental disputes
  • advice on the proper conduct of insolvency proceedings
  • advice on the management of a business plant (enterprise) in insolvency proceedings
  • the exercise of rights against third parties, in particular the enforcement of rights related to property and the protection of property included in substance
  • Representation of insolvency administrators in all types of disputes, including land disputes, intellectual property rights disputes and damages disputes
  • advice on compliance with the obligations of the insolvency administrator and defense in proceedings on sanctions imposed by the court

For creditors

  • settlement agreements, assignment of receivables and other methods of settlement of receivables prior to the commencement of insolvency proceedings
  • application of all types of receivables within insolvency proceedings
  • recovery of damage from natural persons operating in the debtor's statutory bodies
  • control of the course of insolvency proceedings, supervision of the activities of the insolvency administrator and issuing instructions to the insolvency administrator for the further course of insolvency proceedings
  • objections, appeals and other appeals against court decisions in insolvency proceedings
  • advice on the "unfair" leakage of a debtor into insolvency monitoring of insolvency proceedings and control over the effective performance of the function of the insolvency administrator, suggestions for the supervisory activities of the insolvency
  • court representation in creditor bodies
  • Representation in incidental disputes related to receivables or other claims –
  • if the insolvency administrator disputes your claim, we can defend it
  • protection of creditors against unjustified claims of the insolvency administrator
  • assessment of measures and protection against future disputes, minimization of damages related to the debtor's insolvency

For borrowers

  • Advising statutory bodies - protection against impending insolvency
  • Analysis of the economic condition of the company and the need to file an insolvency petition
  • defense against bullying by creditors - especially against bullying insolvency proposals
  • assessment of risks associated with the performance of the function of the statutory body
  • preparation of insolvency petitions
  • negotiation of conditions with creditors, negotiation of framework for further business operation, postponement of maturity, installment
  • calendars, settlement agreements, financing of the company's activities or securing of liabilities
  • preparation and negotiation of a moratorium (de facto protective cushion against creditors)
  • preparing and negotiating the reorganization of the company in order to prevent bankruptcy
  • comprehensive representation in insolvency proceedings, including reorganizations
  • protection against unlawful punishment of your property in insolvency proceedings and protection against unauthorized recovery of receivables by the insolvency administrator
  • protection against maladministration by the insolvency court and the insolvency administrator,
  • assertion of claims for breach of duty by the insolvency administrator
  • minimization of bankruptcy-related damages
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