Moroğlu Arseven supports clients through all stages of planning and dealing with the complexities which businesses experience during financial distress, including contentious restructures and insolvency. Our support includes advice to debtors, creditors, interested parties and court-appointed insolvency administrators.
We assist clients from end-to-end regarding all aspect of these complex scenarios, including innovative approaches to asset protection, business succession planning, director liabilities, insolvent trading restrictions, debt restructuring or consolidation, enforcing securities, distressed M&A, as well as advising both secured and unsecured creditors on their rights. Similarly, we assist clients to obtain injunctions, often in time-sensitive contexts, which protect entities which would otherwise be declared bankrupt by creditors.
The firm has broad experience fending off liquidation claims, dealing with insolvency disputes, as well as advising financially viable companies which encounter contractual or cash-flow problems. For instance, we often support creditors and debtors during concordatum proceedings, whereby creditors can agree to restructure or waive their debt in return for the debtor paying an agreed amount. A concordat agreement must be approved by groups of creditors, whose receivables exceed certain thresholds of the debtor’s total debt. Thus, we also advise dissenting creditors in such a context to ensure the restructured arrangements represent their interests. We also support creditors seeking to cancel a concordat agreement.
Moroğlu Arseven offers clients creative and pragmatic advice and alternatives during restructures and related conflicts, irrespective of whether our client is the subject of the restructure, or an interested party. The firm regularly advises clients on structural options which can resolve disputes, support a business’ performance, overcome operating or financial difficulties, protect future value for stakeholders, as well as protect directors and officers from unnecessary liability.