Pratice Areas Litigation
Restructuring and Insolvency
We represent creditors and debtors in debt restructuring, corporate recovery, and insolvency proceedings, focusing on sustainability and value creation.
Situations of persistent default or significant financial imbalance demand structural decisions: rebalancing debt, reshaping the business or, as a last resort, moving forward with insolvency proceedings. In each scenario, the options chosen by companies, managers, shareholders, and creditors have a direct impact on value preservation, the personal liability of directors, and the recovery, even if partial, of credits.
A recovery plan is not limited to renegotiating deadlines or interest rates. It entails reviewing operations, identifying viable activities, negotiating with different creditor profiles, and, often, rethinking the corporate structure and the form of financing. When the company is no longer viable, organizing an orderly exit becomes essential: protecting assets that can be safeguarded, reducing the risk of liability for management bodies, and ensuring that the process is conducted with transparency and predictability for all parties.
The firm's intervention focuses on evaluating, based on legal and economic-financial elements, the most appropriate path in each case, whether it is restructuring, recovery, or insolvency, and on conducting the necessary negotiations and proceedings with creditors, banks, investors, employees, and authorities.
Services
We analyze the company's economic-financial situation, capital structure, asset portfolio, and operational reality to determine whether there is a basis for a credible recovery. From there, we design restructuring plans that may include debt renegotiation, operational adjustments, selective asset disposals, corporate reorganization, and the entry of new investors.
We support the preparation of proposals to creditors, contract negotiations, and, when necessary, the use of judicial or extrajudicial corporate recovery mechanisms, ensuring that the documentation presented is consistent with the company's actual situation and the underlying business plan.
We represent companies, individuals, and creditors in insolvency proceedings, defining, in each case, the most appropriate strategy to protect rights and mitigate risks. For debtors, we evaluate the moment when filing the petition becomes legally required or advisable, prepare the initial application, gather relevant accounting and financial information, and follow all stages of the proceeding, including creditors' meetings and liquidation or recovery plans.
For creditors, we analyze the opportunity to request the opening of proceedings against debtors in significant default, prepare the petition with adequate proof of the claim, and assess the impact of this initiative on potential recovery and the future relationship with the debtor and other creditors.
We support management bodies and shareholders in the decision to file for insolvency, clarifying the consequences of non-compliance with legal duties and the risks of the insolvency being qualified as fault-based. We evaluate the level of financial deterioration, the existence of an actual or imminent situation, and the history of management decisions to define a course of action consistent with the law and available evidence.
We prepare initial petitions that clearly document the company's situation, monitor the production of evidence in qualification proceedings, and defend directors and managers in liability actions, coordinating the defense with corporate, tax, and labor practices whenever there are cross-cutting repercussions.
When asset liquidation is inevitable, we plan and coordinate the disposal of movable and immovable property, shares, and other estate elements, aiming for the most efficient value realization possible. We work with insolvency administrators, appraisers, and financial advisors to define sale strategies, prepare contracts, and supervise the distribution of proceeds to creditors, monitoring and, when necessary, challenging acts that could harm the collective interest or violate equality rules.
We support companies, entrepreneurs, and shareholders in the post-insolvency phase, whether in reorganizing remaining businesses or structuring new projects. We analyze tax, labor, and corporate implications, follow procedures for the discharge of remaining liabilities when applicable, and evaluate legal restrictions on the future activity of the stakeholders.
The goal is to achieve a viable fresh start or a well-structured final closure, reducing the risk of new disputes and preserving, as much as possible, business relationships relevant to the future.
Our approach
Integrated evaluation
We combine legal and economic-financial analysis to distinguish recoverable situations from cases where insolvency is the most appropriate solution.
Strategic negotiation
We conduct negotiations with creditors, investors, and other relevant parties, allying interests to reach concerted solutions.
Global process management
We assist in recovery processes and insolvency contexts, paying close attention to reputation management and the future capacity to generate value.
FAQs
When there is still a viable activity and room to renegotiate debt, adjust operations, and attract new capital. We analyze the economic-financial situation, the asset portfolio, and the corporate structure to understand whether corporate restructuring and recovery is realistic or if insolvency is, in practice, inevitable.
Restructuring and recovery seek to keep the company alive by rebalancing debt, operations, and capital structure. In insolvency and bankruptcy, the focus shifts to the orderly liquidation of assets and the maximum possible satisfaction of creditors. In both scenarios, we work to preserve value and limit personal liability risks.
When actual or imminent insolvency exists and it is no longer viable to recover the company through negotiation or recovery mechanisms. We evaluate the degree of financial deterioration, management history, and the legal duties of directors to define whether the insolvency filing is legally required or merely advisable.
Filing late can lead to the insolvency being qualified as fault-based (culposa) and to personal liability actions, including disqualifications from managing corporate entities, the obligation to indemnify creditors, and other financial consequences. Therefore, we evaluate the right moment to act based on financial and documentary data and structure the insolvency petition with consistent evidence.
We analyze the opportunity to request the insolvency of debtors in significant default, prepare the petition with adequate proof of the claim, follow the verification and ranking of claims, and intervene in creditors' meetings and insolvency plans, always focusing on maximizing recovery and managing the future relationship with the debtor.
We plan and coordinate the liquidation of assets - whether movable or immovable property, corporate shares, or others - in coordination with the insolvency administrator and financial advisors. The goal is an efficient, transparent, and value-maximizing asset liquidation, challenging acts that harm the collective interest of creditors or violate equality rules.
Yes. Corporate reorganization can be designed preventively, before any judicial proceedings, or integrated into formal recovery or insolvency mechanisms. We redesign corporate structures, business lines, and forms of financing, coordinating solutions with banks, investors, employees, and authorities.
We support the reorganization of remaining businesses or the creation of new projects, analyzing tax, labor, and corporate impacts. We follow applications for the discharge of remaining liabilities when applicable and evaluate legal restrictions on future activity, ensuring that the fresh start or closure is legally secure and reduces the risk of new disputes.
Yes. We help evaluate the quality of available information, the real value of assets, the relative position compared to other creditors, and the impact of different scenarios (restructuring, asset sale, insolvency filing). From there, we define the most appropriate negotiation or litigation strategy.
At the first sign of persistent financial imbalance: consecutive defaults, banking pressure, asset attachments (penhoras), loss of strategic clients, or the need for financing that can no longer be obtained under normal conditions. In this phase, it is still possible to choose between restructuring, recovery, or insolvency, instead of being pushed into a forced solution.