BANKRUPTCY AND DEBT RESTRUCTURING GUIDE

This intensive training course follows bankruptcy and reorganization, the entire judicial proceedings as well as modalities of out-of-court debt restructuring.

You will learn:

Classic bankruptcy:

  • Conditions necessary for initiating bankruptcy;
  • Who and how can initiate bankruptcy? Reasons why debtors are the most frequent initiators of bankruptcy;
  • Different types of bankruptcy: straight bankruptcy or reorganization (advantages and disadvantages);
  • The course of the proceeding, from reporting claims to liquidation of the bankrupt company;
  • The consequences of bankruptcy for creditors; types of creditors; moratorium on debt enforcement;
  • Participation of creditors in the bankruptcy proceeding; the role of Board of Creditors;
  • Responsibilities/liabilities of the bankruptcy administrator, judge and state for their failings and damage caused to creditors in the bankruptcy proceeding,
  • Costs;
  • Types of sale of the bankruptcy debtor (sale of assets of the bankruptcy debtor or sale of bankruptcy debtor as a legal entity),
  • Challenging the pre-bankruptcy transfers of the bankruptcy debtor to the detriment of its creditors.

Restructuring:

  • What is important to know before negotiating restructuring?
  • Moratorium agreements,
  • Negotiations,
  • Collaterals,
  • Reorganization in bankruptcy – types of procedure and impact of creditors on the reorganization plant. What is UPPR? Problems the creditors face in connection with reorganization plans in bankruptcy proceedings (possible wrongful acts by the plan petitioner). Other practical approaches the creditors most frequently face.

Restructuring outside bankruptcy – practical examples

Speakers:

 

Program

Day 1
18.11.2015.

Bankruptcy proceedings

  • Initiating bankruptcy proceedings
  • Types of bankruptcy proceedings: bankruptcy and restructuring
  • Participation of creditors in bankruptcy proceeding (role of Board of Creditors)
  • Sale of assets
  • Challenging pre-bankruptcy transfers of the debtor to the disadvantage of its creditors
11:00 - 11:15

Coffee Break

Restructuring in bankruptcy

Ways of restructuring in bankruptcy:
  • Prepackaged restructuring plan and restructuring plan
  • The extent of creditors influence on restructuring plans
  • Failure to comply with restructuring plans
  • Problems in practice
12:15 - 13:00

Lunch Break

Contractual approach to financial restructuring

  • Legal framework
  • Modalities of contractual approach to financial restructuring
  • Proceedings involving several creditors
  • Contractual documentation
  • Participation of foreign investors in financial restructuring contracts
  • Practical examples

Discussion

Q & A