Support of creditors in the restructuring procedure

In difficult economic conditions, many enterprises face financial difficulties, which can lead to the impossibility of fulfilling their obligations to creditors. In such situations, debt restructuring becomes the optimal solution for all parties, because it allows you to avoid bankruptcy and save the business.

What is restructuring?

Debt restructuring is a set of measures aimed at changing the conditions for fulfilling the debtor’s obligations to creditors. This may include changing the payment schedule, reducing the amount owed, forgiving part of the interest, etc.

Why should creditors go for debt restructuring?

Restructuring can be beneficial to creditors for several reasons:

• Preservation of the debtor’s business. Bankruptcy, as a rule, leads to significant losses for creditors, because in the process of liquidation of the debtor’s assets, they do not always receive full repayment of their debts. Restructuring, on the other hand, enables the debtor to restore his solvency and, thus, more likely to fulfill his obligations to creditors.
• Gaining more control over the process. As part of the restructuring procedure, creditors have the opportunity to participate in the development of the restructuring plan and influence its terms. This gives them more control over the situation than in the case of bankruptcy.
• Cost reduction. Bankruptcy proceedings can be expensive and lengthy. Restructuring, as a rule, is a more economical and quick way to solve the debt problem.

Why it is important to contact a lawyer: possible mistakes when drawing up a restructuring agreement yourself

Drawing up a debt restructuring agreement is a complex legal process that requires knowledge and experience. Independent drafting of the contract may lead to the following errors:

• Incorrect definition of restructuring conditions. This can lead to the fact that the creditor will not be able to receive full repayment of his debt or will be forced to bear significant losses.
• Failure to comply with legal formalities. This can make the restructuring agreement invalid, which, in turn, can make it difficult to collect the debt from the debtor.
• Lack of protection of the creditor’s interests. The restructuring agreement must be drawn up in such a way as to protect the creditor’s interests as much as possible. It is difficult to do it on your own, without relevant knowledge and experience.

Professional support of our lawyers

The legal company “Prykhodko and Partners” offers creditors comprehensive support in the debt restructuring procedure, which includes:

Analysis of your situation and determination of the optimal strategy

1. Our lawyers will study your situation in detail, analyze the contract with the debtor, the amount of the debt, the financial condition of the debtor and other factors affecting the possibility of restructuring.
2. Based on the analysis, the lawyers will offer you the optimal restructuring strategy that will best suit your interests.
3. We will help you determine which restructuring terms are acceptable to you and develop an action plan to achieve them.

Development and conclusion of the restructuring agreement

Our lawyers will draft a restructuring agreement that will clearly and unambiguously define all the terms of the restructuring, including:

• Payment schedule.
• Amount and order of debt repayment.
• Penalties for late payments.
• Other conditions necessary to protect your interests.

We will carefully coordinate all provisions of the restructuring agreement with you so that it meets your expectations as much as possible. We will provide a legal examination of the restructuring agreement to avoid any errors or shortcomings.

Representation of your interests in negotiations

1. Our lawyers will undertake negotiations with the debtor and his creditors.
2. We will represent your interests as rigorously and professionally as possible in order to achieve the conclusion of a restructuring agreement on favorable terms for you.
3. We will protect your rights and interests at all stages of negotiations.

Control of the implementation of the restructuring agreement

1. Our lawyers will regularly monitor the debtor’s compliance with the terms of the restructuring agreement.
2. In case the debtor violates his obligations, we will be able to take all necessary measures to protect your rights and interests, including:

• Addressing claims to the debtor.
• Appeal to the court with a claim for debt recovery.
• Application of other legal influence measures.

Legal support at all stages

1. Our lawyers will provide you with legal support at all stages of the debt restructuring procedure.
2. We will advise you on all legal issues arising in the restructuring process and provide you with clear and understandable recommendations on further actions.
3. We will keep you informed about the progress of the restructuring and any changes in the situation.

By contacting the Prykhodko and Partners law firm, you can be sure that your interests as a creditor will be reliably protected.

If you want to order a consultation or find out the cost of supporting creditors in the restructuring procedure, fill out the form below.