Distressed companies - Restructuring

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Distressed companies - Restructuring

We provide support to companies in difficulty, court-appointed receivers and agents, and to company buyers, on both preventing and managing crisis situations.

Lawyers

Headed by three specialists in advising companies in difficulty, Amaury DUMAS-MARZE, Philippe DUMEZ and Manuel WINGERT, assisted by Delphine BRETAGNOLLE and Philippe PACOTTE on Employment Law and Séverine BRAVARD on Financing, the Companies in difficulty – Restructuring department provides support for the most part to entrepreneurs, creditors, debtors and buyers, as well as to court-appointed receivers and agents.

The team deploys its expertise in such areas as upstream support, the law pertaining to companies in difficulty, directors’ liability, sureties, commercial contracts and recovery, providing both consulting and litigation services.

We are particularly involved in :

Preventive procedures

  • Ad hoc mandate
  • Conciliation

Insolvency procedures

  • Safeguard procedures, accelerated financial safeguard procedure (SFA)
  • Receivership
  • Compulsory liquidation

Business acquisitions via the Commercial and Judicial Courts

  • Audits
  • Monitoring of the tender procedure
  • Legal, financial and fiscal structuring of takeover deals
  • Preparation of pre-packaged disposal plans, preparation and presentation of the tender offer
  • Monitoring and implementation of the disposal plan

Directors’ liability

  • Assistance in defending directors against actions for damages (action to make good asset shortfalls, disqualification, personal bankruptcy, bankruptcy)
  • Defence of directors in the implementation of surety bonds

Social support

  • Social audit, social strategy of takeover bids and management of related procedures in dealings with employee representatives
  • Restructuring plans (outside or as part of insolvency procedures)
  • Social aspects of business disposals

Financing support

  • Renegotiation of bank or mezzanine debt
  • Negotiation and introduction of bank or mezzanine debt refinancing measures
  • Implementation of securities (particularly in the form of trusts)

Rankings of the department

  • DECIDEURS 2024
    • Assistance to companies and shareholders - Small & mid-cap : Excellent
  • PALMARES DU DROIT 2022
    • Distressed companies : Bronze Trophy
  • OPTION DROIT & AFFAIRES 2022-2023
    • Insolvency proceedings : ⭐⭐
    • Prevention and renegotiation of debts : ⭐⭐
    • Redundancy plan and relating collective disputes : ⭐

News

DELSOL Avocats advises the Chamber of Commerce and Industry on the takeover of Nextech

Located in the south of France (Avignon), Nextech is a school for apprentices whose aim is to provide industrial companies with the skills they need to implement their strategy and improve their competitiveness. Nextech employs 35 people and trains 500 apprentices. The school has been placed in receivership. DELSOL Avocats advises the...

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PRESS RELEASE - DELSOL Avocats advises EDF on the acquisition of upOwa

Electricité de France (EDF) has acquired a majority stake in the share capital of upOwa, which was founded in 2014 and specialises in supplying low-cost solar kits in Cameroon. upOwa has completed just over 60,000 installations in favor of 300,000 people in rural Cameroon. EDF plans to use its global expertise to help accelerate upOwa’s...

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DELSOL Avocats advised Boostheat with the acquisition of a stake in HBR Investment Group

DELSOL Avocats advised Boostheat, a manufacturer of innovative heating solutions, with the acquisition of a stake in HBR Investment Group. This transaction was carried out as part of Boostheat’s safeguard plan, which was approved by the Lyon Commercial Court on 23 May 2023. DELSOL Avocats advised Boostheat since the beginning of the safeguard...

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PRESS RELEASE – DELSOL Avocats strengthens its « Distressed companies – Restructuring » practice with the addition of Amaury DUMAS-MARZE and his team

With business support now essential ahead of the post-pandemic era, DELSOL Avocats was keen to expand the Distressed companies – Restructuring team led by two turnaround specialists, Philippe DUMEZ and Manuel WINGERT, assisted by Delphine BRETAGNOLLE in labour law and Séverine BRAVARD in financing. Amaury DUMAS-MARZE is joining them as a...

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