Restructuring and Insolvency

Schindler Attorneys frequently advises equity stakeholders (in particular financial investors) as well as management, supervisory and advisory boards of financially troubled companies. Our Restructuring Practice also has substantial experience in representing financial and strategic investors regarding their investments in, or acquisitions of, distressed companies, assets or debt instruments and in protecting such transactions from challenges.

Restructurings

We frequently advise financially troubled companies as well as their equity and debt stakeholders and / or management, supervisory and advisory boards. We help clients understand the legal issues associated with looming capital requirements, debt maturities, litigation-related events or liquidity shortfalls. Our experts regularly assist clients in those difficult times in-court as well as out-of-court. A specific focus of our practice is the restructuring of various debt instruments, (such as loans, bonds, both as senior or mezzanine financing) in order to prevent insolvency and advice on bridge financings.

Distressed Transactions

We have substantial experience in representing buyers seeking investments in, or acquisitions of, distressed companies before or after the opening of insolvency proceedings. This includes share or asset purchases, equity investments or conversion of debt into equity – “loan to own”. We also advise specialist debt funds on the purchase of non-trading distressed debt and distressed debt portfolios.

Claim Enforcement and Insolvency Litigation

Our restructuring and insolvency expertise comprises the relevant litigation scenarios such as the enforcement of claims (or security) in an insolvency or insolvency litigation.

Related Tax Issues

Often net operating losses (NOLs) are one of the most important assets of financially troubled companies. Particularly in the case of distressed transactions, it is essential to preserve NOLs to the extent possible and to limit corporate income tax and stamp tax in debt restructuring transactions.