When your business is in financial distress, addressing the issue head on and seeking expert guidance is critical.  Like treating a flesh wound, each choice you make affects the future health of your organization.  At Arnos, we understand the sensitive nature of potential insolvency and seek to serve your needs with care and expertise.

There can be a number of reasons why a company would seek dissolution and depending on the circumstances and the jurisdiction of the company, the process can become very complex and time-taking, not to mention at times nerve-wrecking without the proper legal representation.   Whatever the particularities or the jurisdiction of your legal entity, our experienced lawyers will strive to provide the best possible solution and legal support throughout the entire liquidation process.  Our firm can offer a full spectrum of insolvency services across various key industries including, but not limited to the following:

Preventative Restructuring

As the name indicates, preventative restructuring is intended to assist companies that are still viable and may benefit from restructuring, rather than dissolution.  Each company may decide what restructuring entails for their particular business, what organizational, legal or structural changes need to be made in order to illuminate or reduce the problem at hand and which stakeholders are entitled to the new framework.  This restructuring is traditionally decided through negotiation of stakeholders as an alternative dispute resolution.  Despite its positive purpose, preventative restructuring, especially in big corporations can quickly become complex and involve many parties with conflicting interests that can expose the company or its owners to legal and financial accountability.   At Arnos, we can equip you with skilled negotiators and experienced lawyers for drafting a restructuring plan that works for your business, inform and warn you about any possible unexpected liabilities and can offer excellent solutions that will help revive your enterprise and allow it to prosper in a new light.

Liquidation, Bankruptcy Filing and Litigation

If your company does not qualify for preventative restructuring and you face bankruptcy or liquidation proceedings, then you will likely need to wind up your company’s affairs and will require legal assistance in order to avoid further liability.  Depending on the particular circumstances the wind up of a company can either be voluntarily or compulsory.

Loss of business revenue, partner disagreements or group reorganizations are just some of the possible reasons why stakeholders can decide to voluntarily wind-up business interests and disperse assets to creditors.  Though the procedure of voluntary liquidation is not set by a court order, it still needs to be handled with care and precision. Liquidating assets properly and ensuring the business is fully dissolved lowers the risk of future liabilities.

Involuntary or compulsory liquidation is usually a court ordered procedure that is often based on petitions of creditors due to the company’s inability to repay accumulated debts or often because the company has failed to comply with its legal obligations to the regulatory authority.   Regardless of the reason, we sincerely understand that the process is usually quite troublesome and stressful for the company’s stakeholders.  In order to slightly ease the unpleasantness of the proceedings, our firm can act as your legal representative and liquidator.   When appointed, our expert lawyers can take an accurate inventory of the company’s assets, make sure that asset valuations are conducted by trustworthy and reasonable firms, communicate and mediate with the company’s creditors, financial institutions and governmental authorities on your behalf to ensure fair distribution of assets.

Out-of-Court Proceedings

Due to the fact that court proceedings may further strain financial resources and publicly expose companies, many entities may opt for more informal proceedings outside the court system.  A company and its primary bank are sometimes able to bring an out-of-court proceeding that explains the inability to repay current debt to its creditors.  Creditors, in turn, may provide debt forgiveness, extension or payment deadlines, or new payment arrangements, if approached correctly.

When mediating with debtors, it is vital to prepare extensively and make sure that you can present a viable strategy.  Our expert team can carefully evaluate your financial position, conduct legal due diligence and investigations as well as suggest feasible options that will be plausible both to you and your creditor.   To ensure professional objectivity and legal standing our firm can also take on the task of negotiating with third parties on behalf of your business.

At Arnos, we understand insolvency and cross-border restructuring and can provide our clients with the tools and practical guidance needed to handle even the most complicated cases with ease, speed and self-assurance.  Beyond the services mentioned throughout the article, our firm can also advise you on complex loan restructuring, assist with debt collection, prepare legal or tax opinions that can offer invaluable insight on the most advantageous solutions based on your particular circumstances.  Please feel free to contact us at any time for a confidential consultation on your business predicament.