We have been working for more than 40 years with corporate crisis management. Our experience, which began with Management as Trustees in arrangement schemes and bankruptcy proceedings, was extended in 2005, acting as Managers in Judicial Reorganizations. In the 90’s, we expanded our representation to medium and large companies, focusing on the construction of new solutions and impactful results. We offer different ways to solve the most diverse and varied crises, with an innovative format that aims to achieve significant results for the reduction of all types of liabilities. We currently have a specialized team, led by partners with more than 15 years of experience in the area, and who have a history of very successful cases with meaningful achievements and impact on clients.
Judicial Reorganization
We work to provide companies legal council regarding the resumption of their financial health, through a process of 360º action that involves all strategic and operational areas of the corporation. The objective is to find the most appropriate legal means, seeking to protect of the company’s cash flow and preserve its main assets, which are people, clients, and suppliers.
Fields of Operation:
- Elaboration of a Diagnosis to analyze the feasibility of judicial reorganization for the company;
- Preparation, analysis, and construction of legal theses, and distribution of the application for judicial reorganization;
- Structuring of the whole legal strategy for assembling the plan, with construction of all possible scenarios that will be used;
- Assembly and assistance with all the company’s additive plans;
- Structuring and Organization of all Creditor Meetings;
- Direct negotiation with creditors.
Debt Management and Negotiation
In this area, we seek the defense of the company against various creditors through competent analysis of the debts, focusing on the suspension of their enforceability. We seek longer terms and advantages for the discharge of uncontroversial amounts, including the formalization of extrajudicial and judicial agreements.
The management of liabilities has an important role in the implementation of the restructuring, as it enables the resumption of the cash flow which is so necessary for the recovery of the company.
Fields of Operation:
- Elaboration of the diagnosis, with the purpose of surveying an overview of the company’s debts, as well as the possible causes and consequences that may be related to the corporation’s operation and structure;
- Elaboration of an action plan with a work timeline.
- Negotiation with creditors, cash shielding, and controlled default;
- Establishment and action in Crisis Management Councils with systemic monitoring of the established action plan;
- Assistance with funding and investors;
- Management of judicial and extrajudicial liabilities.
Proof Of Claim, Claim Divergence or Objection
We have extensive experience to represent creditors in Corporate Reorganization processes with a deep vision of all stages of the process, in order to seek recovery of the company’s losses.
Creditors are not limited to a passive role of approving the presented plan or declaring the company’s bankruptcy. It is up to the creditors to inspect and analyze the viability of the business plan submitted by the debtor to increase the chances of a successful recovery that is able to ensure payment of their claims.
Fields of Operation:
- Feasibility analysis of company undergoing Judicial Reorganization;
- Study of the Payment Plan, looking at the financial/economic aspect;
- Timely or Late Claim;
- Presentation of claim divergence or objection ;
- Objection to the Payment Plan presented by the company;
- Representation of the creditor at the creditor meeting;
- Representation of the creditor at the creditor committee.
Bankruptcy
Our operations in bankruptcy proceedings are aimed at minimizing the consequences and losses through planning and negotiation with creditors, assistance in the sale of company assets, defense of the bankrupt party in lawsuits, avoidance action, and even analysis of the feasibility of filing bankruptcy.
Fields of Operation:
- Evaluation of the business and the debt profile of companies in pre-bankruptcy condition;
- Analysis of the corporate, contractual, and tax implications during the pre-bankruptcy period;
- Planning, structuring, implementation, and monitoring of bankruptcy proceedings;
- Assistance and defense of the interests of bankrupt parties and debtors undergoing Bankruptcy and Judicial Reorganization until its closure;
- Assistance during the COLLECTION AND ASSET AUCTION, in compliance with the legislation;
- Assistance with the JUDICIAL ASSESSMENT and CIVIL LIABILITY CASE;
- Defenses in all jurisdiction levels for CRIMINAL CASES, due to the imputation to the debtor of bankruptcy crimes;
- Defense and search for the release of property and assets UNAVAILABLE to the bankruptcy court;
- Negotiations with creditors for the bankrupt party;
- Feasibility analysis of the bankruptcy survey.
- Creditor representation in proof of claim, and claim divergence and objection proceedings;
Liquidations
Our professionals have extensive experience in Judicial Reorganization and Bankruptcy processes and are fully aware of the specific and liquidation laws of each of these institutes.
Fields of Operation:
- Diagnosis and Assistance with the liquidation process;
- Analysis and adoption of protective measures for Shareholders and Controllers;
- Analysis of the facts and of the applicable law to past acts (as as a Fiscal Direction decree)
- Work with the liquidator to maximize assets and accelerate the placement of liabilities in the List of Creditors and the liquidation process itself with the supervisory bodies (Central Bank and/or Susep)
- Negotiation with main creditors;
- Representation in civil, labor, and tax litigation, seeking the protection of the legal liquidation process until its closure as provided by the established legal protections;
- Assistance with the Settlement Reports, in particular the determination of management acts and the liability of senior managers and shareholders;
- Development of an action plan to transform the Extrajudicial Liquidation into an Ordinary Liquidation;
Cases
We defended one of the largest collective transportation companies in Porto Alegre, where, through efficient and successful Crisis Management and Civil, Labor, and Tax Liability Management, we avoided the bankruptcy of the company.
We conducted one of the largest judicial reorganizations in the State of Rio Grande do Sul, with debt of 300 million, reaching the approval of the plan in a massive way with suppliers, workers, customers, and service providers. We were pioneers in differentiated decisions that allowed the continuity of the company, one of them being the release of existing encumbrances and guarantees on property, to sell them and assist in the resumption of business activities, after approval of the payment plan.
We were responsible for filing, monitoring, and finalizing the judicial reorganization for the factory of one of the largest food franchise networks in Brazil, which is now extending its stores abroad.
We were pioneers in building the successful thesis of maintaining the right to tender with the government, even during the judicial reorganization process.
We represented one of the largest energy companies in Brazil, using a Crisis Management format without taking it to court. We victoriously achieved the objective of avoiding a decree of judicial reorganization.
With the implementation of the Crisis Management Board, governance actions, and negotiation with creditors, we developed a winning plan for the recovery of one of the largest infrastructure companies in Brazil.
We developed the judicial reorganization plan of one of the largest groups in the construction industry of inland São Paulo, with BRL 200 million in debt. We obtained court authorization to sell assets, even before the Creditor Meeting was held, which allowed the block sale of these assets, allowing higher valuation, avoiding its deterioration due to the delay of the process, and allowing the amounts obtained to be saved in a financial investment for payment of labor creditors. This generated fruit in the meantime and appeased the pressure from unions and the Ministry of Labor.