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Debt Restructuting and Insolvency

The firm advises clients in several different areas relating to debt restructuring and insolvency, including those involving the participation of the Judiciary (bankruptcy, court-assisted and out-of-court reorganization processes), and also cases that do not require any interference by the Judiciary (global or bilateral transactions with or among creditors held outside the courts).

As one of the few prominent law firms that represent both debtors and creditors, as well as investors in insolvency and debt restructuring cases, the firm provides professional advice to its clients in all aspects: from the initial discussions and decisions on the strategy to be adopted in each case to the actual preparation and pursuit of the legal steps required to implement it.

 

The firm’s services include:

 

  • Advising clients in planning and implementing different mechanisms for restructuring their debts, encompassing the participation in restructuring transactions and the various solutions available for the case in question, such as M&A transactions, fund raising (debentures, promissory notes etc.), company formation, credit facility operations and other solutions.

  • Filing for court-assisted reorganization, bankruptcy and initiating an out-of-court reorganization process.

  • Participation in creditors’ general meetings and committees.

  • Drafting legal documents to obtain formal creditors’ agreements (standstills, terms sheets and waivers), including the organization and protection of debtors’ interests in legal proceedings.

  • Financial diagnosis of the situation of each client so as to provide them with full scale assistance involving risk analysis and identification in order to find the best strategy; drafting of contracts; negotiation and development of legal structures and recovery plans that will enable the reorganization of distressed companies (debtor-in-possession financings and exit financings).

  • Assistance to investors in conducting risk analysis and developing frameworks for the acquisition of companies or distressed assets, including acquisition of receivables (single names or portfolios) in the secondary market.

  • Monitoring the required filings and perfection of security interests in financial instruments.

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COMPLEX LITIGATION – Strategic Planning for Legal and Arbitration Cases

The firm advises companies and individuals in matters concerning highly complex preventive, litigation and arbitration matters involving several different fields of business and civil law, such as:

  • Representation of clients’ interests in pre-litigation conflict management at corporate and contractual levels, including drafting of briefs and conducting negotiations;

  • Corporate disputes of any kind, including advice and participation in general meetings and board of directors’ meetings, and other disputes arising from corporate transactions (consolidation, split-up, mergers & acquisitions);

  • Litigation involving commercial contracts of any kind;

  • Disputes in the fields of capital markets and banking, antitrust, real estate, etc.

Av. Brigadeiro Faria Lima, 3311, 13th Floor – Itaim Bibi, São Paulo, SP – 04538-133     |    Phone +55 11 3552-5000

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Av. Brigadeiro Faria Lima, 3311, 13th Floor – Itaim Bibi, São Paulo, SP – 04538-133     |    Phone +55 11 3552-5000

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