Restructuring
How can creditors secure their rights in
judicial insolvency proceedings?
When a business partner files for bankruptcy, swift action is required to protect your rights and avoid legal and financial disadvantages. Filing claims, asserting retention of title or rights of separation, and securing ongoing contracts requires sound legal expertise.
Our lawyers advise and assist French, German, and foreign creditors in all phases of the proceedings, including filing claims, liaising with procedural bodies (e.g., insolvency administrators and creditor representatives), and implementing measures to enforce rights and secure ongoing business relationships.
Summary
How to file a claim in insolvency proceedings?
Proper and timely filing of the claim is mandatory for creditors to participate in insolvency proceedings and be considered for any insolvency quota determined by the court at the end of proceedings.
Our lawyers will ensure that your claim is formulated and filed in accordance with the law and represent you in any disputes.
How to assert retention of title?
Retention of title allows suppliers to reclaim goods delivered under this condition from insolvent buyers through a process known as “separation”, provided that the purchase price has not yet been paid and the suspensive effect of the transfer of ownership has not yet taken effect.
Our lawyers will support you in enforcing this complex legal instrument in cooperation with the insolvency administrator or creditor representative.
How to secure ongoing contracts with an insolvent company ?
Special rules apply to the continuation, termination, or adjustment of ongoing contracts in insolvency proceedings.
Our lawyers will represent your interests when dealing with the relevant bodies and will protect your contractual rights in the event of any disputes.
You have any other questions?
Please feel free to ask them directly here.