BADOKH provides fully integrated legal and tax advisory services regarding all types of financial restructuring and represents clients in insolvency proceedings. Our experts have broad experience when it comes to advising debtors, creditors, investors, sponsors, and supervisory bodies on how to plan and oversee the financial restructuring of a company or on the course of insolvency proceedings.
People from our team played an important role in the introduction of a modern Insolvency Act in the Czech Republic and are regularly consulted for key amendments to the same.
In the area of financial restructuring, BADOKH provides fully integrated legal and tax advice in particular with respect to the following:
pre-insolvency audit aimed at determining the quality of security instruments and at reviewing other transactions;
legal and tax review to determine the degree of the company's financial imbalance;
designing and implementing out-of-court restructuring programs for companies in moderate or advanced financial distress;
complex out-of-court recapitalizations;
drafting and negotiating refinancing agreements between creditors, a sponsor (where available), and the debtor;
drafting and negotiating agreements between the creditor and the debtor to attain a temporary respite for the latter (i.e., in particular, standstill agreements);
structuring and implementing the purchase/sale of a going concern from, or a controlling share in, companies in distress; or
structuring and implementing plans to quarantine the healthy parts of a group of companies so that they are protected from the insolvency of the rest.
In insolvency proceedings BADOKH represents and advises clients in the position of creditors, investors, or debtors undergoing reorganization, especially as regards the following:
advice on the options for resolving insolvency;
assistance with the compiling and filing of the motion for insolvency;
proposing and negotiating a suitable method for resolving insolvency;
representation in adversary proceedings,
representing the creditors on the creditors' committee and in creditors' meetings;
advisory services during reorganization, especially as regards the compilation, negotiation, and review of the reorganization plan; or
advice on the purchase/sale of assets within the context of insolvency procedures.
BADOKH always takes great care to ensure the effective tax structuring of projects. Moreover, our experts are highly experienced in all areas of M&A, corporate law, and real-estate law, and regularly assist clients in reaching strategic and tactical business decisions also as regards the structuring of related financial issues.