Insolvency and Restructuring

A business in economic crisis means uncertainty not just for the owners and employees, but also for any creditors. It is therefore important to quickly identify the best possible solution for the business and act to minimise any losses suffered by the parties involved.
Kromann Reumert's Insolvency and Restructuring group boasts Denmark's leading special-ists who provide advice to all types of distressed businesses, lenders and other creditors. We have also accumulated unique specialist knowledge through our assistance in several complex cases concerning non-performing loans.

Our extensive experience enables us to provide fast and informed recommendations that identify solutions to maximise value for the relevant business or creditor – from a legal and commercial point of view. We can provide ongoing assistance to ensure efficient handling of the matter.

Our areas of advice include:

  • Restructuring
  • Compulsory dissolutioN
  • Bankruptcy

RESTRUCTURING

The biggest challenge in restructuring a business is navigating an environment of changing buyers and shifting conditions. Success requires focused cooperation to secure the business a viable future within a tight timeframe.

As Denmark's leading practice group for restructurings, we have the capacity and skills to handle all types of restructurings – irrespective of size and industry.

 With our key values of quality and speed, we have developed a structured procedure for securing distressed businesses efficient assistance. This, combined with our large size, means that we can assemble a qualified team of specialists at short notice from across practice areas like Banking and Finance, Employment and Labour Law,
Real Estate and Construction, and Mergers and Acquisitions.

Our areas of advice include:

  • Proposals for restructuring, if relevant, including divestment
  • Negotiating with banks and other creditors for new financing 
  • Separation of the less healthy parts of the business or similar activities in connection with the restructuring
  • Sales of the company’s activities
  • Mergers
  • Negotiation and completion of contractual arrangements with creditors
  • Taxation

COMPULSORY DISSOLUTION

The compulsory dissolution of a company is often a turbulent procedure. Within a relatively short timeframe, decisions must be made regarding the future of the company, including whether operations should be continued or not.

We have significant experience in acting as an advisory partner for businesses that are subject to compulsory dissolution proceedings. Also, several of our team members are permanent trustees for the Bankruptcy Division of the Maritime and Commercial Court in Copenhagen and the Bankruptcy Court in Aarhus, and we are therefore frequently appointed as liquidators of companies subject to compulsory dissolution by order of the Danish Business Authority.

Our thorough knowledge of compulsory dissolution procedures means that we can quickly set to work. We have the requisite insight and courage to assist management in making tough decisions about the business – including whether it can and should resume trading, or whether there are better options involving liquidation, restructuring or bankruptcy. We make sure that all aspects are taken into consideration without causing unnecessary damage to the business, and while also attending to creditor interests.

BANKRUPTCY

A bankruptcy can be a hectic process driven by a number of financial and political factors. Therefore, we need to know the Bankruptcy Act inside out to find a practical and legally viable solution that fits with the overall creditors’ interests.


Our Bankruptcy group has been involved in some of the most comprehensive bankruptcy proceedings following on from the financial crisis and therefore has extensive experience in handling a bankruptcy under time pressure, and in managing a multitude of interests. 


We are also permanent trustees for the Bankruptcy Division of the Maritime and Commercial Court in Copenhagen and the Bankruptcy Court in Aarhus.

Our lawyers’ roles as trustees contribute a differentiating factor to our advice because we gain insight into the many divergent interests that need to be combined to deliver the best-value solution, and at the same time build up valuable knowledge about each individual business we work with.

This allows us to achieve the best possible solution for creditors to a business undergoing restructuring or in bankruptcy proceedings, with respect to aspects like:

  • Filing and adjudication of claims
  • Claims for avoidance or damages against the former management of the business, ad-visers or other parties involved

We also represent customers who want to buy all or part of a bankrupt business, including in relation to:

  • Pricing
  • Securing the transfer of relevant assets and information
  • Special issues relating to the transfer of a bankrupt business

Kromann Reumert's Project Centre also assists in the practical aspects involved in bankruptcy proceedings.

Read more about our Project Centre.