DBB Law Home - Practice areas - Corporate - Restructuring and insolvency
  • Barthelemy Jean-Emmanuel

    Mons (Belgium)

  • Brulard Yves

    Brussels (Belgium)

  • Demolin Pierre

    Brussels (Belgium)

  • Materne Jérôme

    Soignies (Belgium)

  • Chen Jack

    Brussels (Belgium)

    DBB LAW, your gateway to Europe …
  • Doyen Rémy

    Mons (Belgium)

  • Lawarée Valentin

  • Maadi Karim

    Luxembourg

  • Leplat Frédéric

    Brussels (Belgium)

Corporate

Restructuring and insolvency

Our Debt Restructuring and Insolvency team deals with legal reorganization, restructuring, insolvency and liquidation both for creditors and debtors. Our practice is known for its experience and ‘savoir faire’ in implementing the Belgian rules on business continuity.

In collaboration with other professionals (auditors, bankers) we can intervene at an early stage to assist a company in difficulties so as to avoid or reduce Directors and Officers liabilities. Assuming we are consulted in time, we can use our recognized expertise to try to avoid litigation through negotiations with creditors, banks and employees. Procedures can be implemented to allow the company, its shareholders and managers to find a balance between the interests of the creditors and safeguarding the profitable activities of the enterprise as well as the assets of the investors.

Our Debt Restructuring and Insolvency team works closely together with our Employment and Corporate Finance groups.

Debt Restructuring - Following an assessment of the associated risks (as carried out by the accountants and banks) we provide legal solutions to optimize the level of security taken as pledges and guarantees (whether over assets or as personal guarantees) whilst taking into account the needs of the company and the requirements of its executive management.

Reorganisation (Merger - Liquidation – Creation of a Subsidiary – Contribution of a branch business) -If the reorganisation of companies and groups of companies is primarily driven by economic considerations and adjustment to the market-place; nevertheless tax, corporate and labour law compliance must be carefully prepared. An accurate feasibility analysis of the different stages of the proposed operations is essential to ensure achievement of optimal results. Whether it is assisting with development of the restructuring plan through tax and labour law advice, assisting the Board in the selection of the corporate structures to be used, reporting on what the legal and tax implications of certain choices are likely to be, setting up a holding company, requesting a tax ruling, drafting of transaction documents and implementation of mergers, divestments, contribution ('apport'/’bijdrage’) of assets; Management Buy-Out, Management Buy-In, Leveraged Buy-Out .... DBB provides a complete service to make such operations successful on a national and cross-border basis.

Voluntary Re-organisation - Our office offers its know-how to its clients in the different phases of voluntary re-organisations.

Legal Re-organisation – Transfer of assets - We assist our clients by helping them prepare the documents and procedures needed for recovery plans or for the acquisition of companies that are ‘in recovery’.

Insolvency - Liquidation & Administration - DBB assists its clients in the preparation of the documents and proceedings for liquidations (whether voluntary or legal) or administrations; and whether from the perspective of a creditor or that of a debtor.

International Insolvency Procedures - Our office intervenes, for creditors and debtors, in international insolvency procedures under the EC Council Regulation 1346/2000 on Insolvency Proceedings and works closely with a network of correspondent offices in other jurisdictions.

Directors and Officers Liability - We assist the shareholders and management of companies in procedures concerning Directors and Officers Liability where directors are alleged to have acted negligently or exceeded their authority.

Criminal liability for business conduct - Our lawyers assist legal entities and/or their executives when faced with criminal prosecutions linked to their business activities.