We advise clients involved – either on the asset side (i.e., as investors or creditors) or on the liability side (i.e., as debtors) – in critical Special Situations, i.e., with those phases of a company’s life, of an extraordinary nature, which may compromise ordinary business operations, and require financial restructuring, reorganization or recourse to insolvency proceedings.

We assist with the preparation of requests for standstill/moratorium, the drafting of agreements for the sale of distressed debts, non-performing loans (NPL), as well as, in light of D. Lgs. n. 83/2022 (i.e. “Codice della Crisi d’Impresa e dell’Insolvenza”) the preparation of the measures pursuant to Article 3, aimed at preventing company crisis, and participation in debt restructuring and consolidation transactions, both: out-of-court – e.g. the restructuring plans under Article 64 bis and application for “concordato preventivo in continuità o misto” (court-approved agreement with creditors to continue the business) and “concordato liquidatorio” (court-approved arrangement with creditors to wind up the company) – as well as, court-led – such as negotiated settlement under Article 12, drafting of restructuring agreements under Article 54, the preparation of recovery plans under Article 12 and of tax settlements under Article 63).

In this context, we have extensive experience in assisting funds and investment companies operating as third-party underwriters, through (i) the preparation of proposals for court-approved agreements with creditors, (ii) the valuation of assets, (iii) carrying out due diligence activities, including ongoing litigation and related risks, and (iv) the management of relationships with the proceedings bodies and, more generally, with all parties involved in it.

In providing the services mentioned above, we stand out for our ability to propose and implement the most appropriate solutions for the best realization of the investment, or the resolution of critical issues encountered by our clients.