Our services

Our firm acts at every stage of handling business difficulties, whether you are a director, creditor, investor or shareholder. Our services are organised around the four main types of mechanism.

1. Prevention mechanisms

• Legal analysis of the company’s situation ahead of any insolvency proceedings
• Support in dealings with the Chambers for Enterprises in Difficulty (CED)
• Drafting applications for examination at the debtor’s request before the CED
• Preparing documents to convene creditors to an amicable agreement
• Strategic advice on appointing a restructuring practitioner on a preventive basis
• Representation at hearings before the chambers or reporting judges
• Negotiation of confidential agreements with the main creditors
• Putting in place measures to protect the company’s assets or organise its restructuring outside court proceedings
• Legal audit in the context of confidential business mediation
• Access to, analysis and rectification of data in the central register of economic warning signals
• Assistance in dealings with the NSSO (ONSS), FPS Finance or the NBB regarding alerts

2. Judicial reorganisation proceedings (PRJ)

• Determining the appropriate type of PRJ (collective agreement, transfer under court supervision, private or public PRJ)
• Full preparation of the petition and the required appendices
• Drawing up the reorganisation plan and follow-up until its adoption
• Negotiation with creditors to obtain the required proxies and majorities
• Support at hearings, dealings with the delegated judge and the court
• Post-adoption follow-up: implementation, compliance with the timetable and creditor relations
• Advising creditors in a PRJ initiated by a debtor
• Drafting and handling objections to, or challenges of, the plan
• Implementing measures specific to business continuity

3. Bankruptcy

• Preliminary analysis of the conditions for bankruptcy and the procedural options
• Preparation of and support with the bankruptcy filing (classic or “silent”)
• Relations with the trustee (curateur) and the supervisory judge (juge-commissaire)
• Follow-up until the bankruptcy is closed: verification of liabilities, discharge of guarantors, etc.
• Assistance to creditors: filing of claims, recovery of assets, enforcement of security
• Defence of shareholders, directors or managers sued for liability after bankruptcy
• Involvement in cross-border bankruptcies or those involving several jurisdictions
• Challenging bankruptcy judgments delivered at a creditor’s request
• Actions to set aside or challenge certain acts carried out before the bankruptcy

4. Judicial dissolution

• Strategic advice ahead of a possible judicial dissolution
• Defence of a company summoned for dissolution
• Drafting summonses or written submissions in the proceedings
• Representation before the enterprise court
• Negotiation with the court-appointed liquidator
• Applications for withdrawal (rétractation) of a judicial dissolution
• Challenging measures proposed by the liquidator
• Analysis of the rights of shareholders, creditors and directors
• Liability claims against court-appointed liquidators