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Restructuring, Insolvency & Distressed Transactions

Strategy Built Around Liquidity, Not Just Legal Process

Averites advises companies, shareholders, boards, creditors, lenders, investors and potential acquirers on financial restructurings, insolvency matters and distressed transactions.

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OUR APPROACH

How We Advise on Restructuring, Insolvency and Distressed Transactions

  1. Why Legal Strategy Must Follow Liquidity, Not the Other Way Around

    When a business experiences financial distress, legal strategy must be closely connected to liquidity, operations and stakeholder negotiations. The objective may be to preserve the business as a going concern, restructure debt, obtain additional financing, sell assets or business lines, protect a creditor position or maximize recovery through enforcement or insolvency proceedings.

  2. Advising Companies and Boards Facing Financial Distress

    We advise companies and boards on evaluating restructuring alternatives, negotiating with creditors and investors and managing the legal risks associated with financial distress. This includes questions of corporate authority, directors’ duties, transactions with shareholders and affiliates, additional borrowing, asset dispositions and other actions taken when the company’s financial position is deteriorating.

  3. Consensual and Out-of-Court Restructurings

    We assist with consensual and out-of-court restructurings involving rescheduling or refinancing debt, amendments to financing terms, new capital, debt-for-equity exchanges, disposals and other measures designed to stabilize the business or reorganize its balance sheet.

  4. Formal Insolvency Proceedings

    Where formal insolvency proceedings become necessary, we advise stakeholders on their rights, claims, priorities, and available strategies, and coordinate specialist local insolvency counsel where proceedings involve jurisdictions that require additional expertise.

  5. Advising Creditors and Lenders

    For creditors and lenders, we advise on debt recovery, enforcement of security and guarantees, negotiations with distressed borrowers, participation in restructurings and the protection of creditor rights in insolvency.

  6. Opportunities for Investors and Acquirers in Distressed Situations

    For investors and acquirers, distressed situations may create opportunities to acquire businesses, assets, or debt positions when ordinary transaction processes are unavailable. Averites advises on distressed M&A, asset acquisitions, debt acquisitions, rescue financing and other special-situation transactions, working closely with our Corporate & M&A practice.

  7. Cross-Border Restructurings

    Cross-border restructurings can involve competing insolvency regimes, assets and creditors in several jurisdictions and financing documents governed by different laws. We coordinate legal strategies across jurisdictions with a focus on preserving value and achieving an executable restructuring rather than addressing each proceeding in isolation.

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Precision across borders. Book a Meeting

New York c/o Chornous Law PLLC
30 Wall Street, 8 Floor
New York, NY 10005 Phone: +1 650 382 7764
London 124 City Road
London, England
EC1V 2NX Phone: +44 7405 138109
Kyiv 11 Panasa Myrnoho Street
Office 1/1
Kyiv, 01011 Phone: +380 63 148 27 37

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FAQ

Frequently Asked Questions

  • We advise companies, shareholders, boards, creditors, lenders, investors and potential acquirers on financial restructurings, insolvency matters and distressed transactions.

    • The objective may be to preserve the business as a going concern, restructure debt, obtain additional financing, sell assets or business lines, protect a creditor position or maximize recovery through enforcement or insolvency proceedings — legal strategy must be closely connected to liquidity, operations and stakeholder negotiations.

      • We advise companies and boards on evaluating restructuring alternatives, negotiating with creditors and investors and managing the legal risks associated with financial distress, including corporate authority, directors’ duties, transactions with shareholders and affiliates, additional borrowing and asset dispositions.

        • No. We assist with consensual and out-of-court restructurings involving rescheduling or refinancing debt, amendments to financing terms, new capital, debt-for-equity exchanges, disposals and other measures designed to stabilize the business or reorganize its balance sheet.

          • We advise stakeholders on their rights, claims, priorities, and available strategies, and coordinate specialist local insolvency counsel where proceedings involve jurisdictions that require additional expertise.

            • Both. For creditors and lenders, we advise on debt recovery, enforcement of security and guarantees, negotiations with distressed borrowers, participation in restructurings and the protection of creditor rights in insolvency.

              • Yes. Distressed situations may create opportunities to acquire businesses, assets, or debt positions when ordinary transaction processes are unavailable. We advise on distressed M&A, asset acquisitions, debt acquisitions, rescue financing and other special-situation transactions, working closely with our Corporate & M&A practice.

                • Cross-border restructurings can involve competing insolvency regimes, assets and creditors in several jurisdictions and financing documents governed by different laws. We coordinate legal strategies across jurisdictions with a focus on preserving value and achieving an executable restructuring rather than addressing each proceeding in isolation.