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Restructuring & Insolvency

Our lawyers all have a commercial and transaction-based approach to case handling.

Practice Areas

“Great team. Always flexible focusing on important parts of a deal and they always have the commercial view”

Restructuring & Insolvency

“Clients appreciate the team's in-depth knowledge and its reliability in delivering on time”

Chambers, 2018

“Really excellent work on matters related to distressed property assets - clients appreciate that the lawyers are always ready to assist”

Chambers, 2018

“They focus on the important stuff and don't waste time”

Chambers & Partners, 2017

“The lawyers are very commercially minded and open to new ideas in order to make the best solutions. The team is easy to work with, the lawyers understand what we expect of them and always come up with ideas. ”

Restructuring/Insolvency - Chambers & Partners, 2016

“Robust, valid and quick responses.”

Restructuring/Insolvency - Chambers & Partners, 2015

“Impressive cross-border expertise and experience. The lawyers are always available, flexible, fast and have a very practical attitude.”

Restructuring/Insolvency - Chambers Europe, 2014

“A skilled, competent team”

Restructuring/Insolvency - Legal 500, 2014

“Ambitious, pragmatic and unpretentious – really good people to work with.”

Restructuring/Insolvency - Chambers Europe, 2013

“Commended for its open-minded, business-like approach, this firm concentrates on restructuring and insolvency trustee work, often with a corporate or M&A angle”

Restructuring/Insolvency - Chambers Europe, 2012

“Pragmatic, action-oriented counselling on legal and paralegal matters, combined with no-nonsense responses and efficiency”

Restructuring/Insolvency - Chambers Europe, 2012


Our advisory services on restructuring and insolvency


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Restructuring proceedings and bankruptcy

Accura has more than 20 years' experience with the out-of-court restructuring of businesses in distress in close cooperation with the businesses' managements, close business partners and financial partners.

Often, a business is restructured through efficient and expedient efforts where the business' challenges, core expertise, capital needs, etc., are identified, and subsequently the business is trimmed or part of or the entire business is divested and any remaining part of the business is adapted. 

Depending on the specific circumstances, an operative turn around of the business may be performed in close cooperation with the individual principal creditors for the purpose of preparing the business for a subsequent sale as a going concern.

If necessary, Accura is prepared to accept the job as restructuring administrator (rekonstruktør) during restructuring proceedings commenced before the bankruptcy court for the purpose of the above procedures.

Moreover, Accura has extensive and many years' experience in filing petitions for bankruptcy and administering bankruptcy estates often in close cooperation with chargees and other secured creditors. Both in connection with the assessment of whether a bankruptcy is the right tool and during the bankruptcy proceedings, Accura closely assesses the possibilities for an efficient collection and optimisation of the assets to the benefit of either the business or the bankruptcy estate and thereby also the creditors.

As trustee, Accura has vast experience in exploring the possibilities of identifying voidable transactions and any management liability also to the benefit of the bankruptcy estate and the creditors.

As a result of Accura's transaction-based approach, we are largely successful in divesting parts of or the entire business from the bankruptcy estate to the effect that the business' identity, values and workplaces are retained to a wide extent.

 


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Advice on management liability

Best practice corporate governance makes a difference when the management is attempting to restructure the business and find the financial resources and the core expertise that are to form the basis of future operations.

Often at the request of the business' financial business partners, Accura assists the management in the navigation of these rules and not least ensuring that the management does not incur management liability in the process.

This process is often characterised by Accura assisting the management to a wide extent in connection with current operations with budget follow-up, cash flow hedge, collection of claims, hedging of assets, optimisation of agreements and general advice to/sparring with the management.


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Advisory services to banks and other chargees and rightsholders

Banks and other financial partners are important business partners for any business, and the variety of financial services and security instruments is extensive.

To a wide extent, Accura assists primarily banks and financial businesses when businesses fail. A large part of Accura's advice in that respect consists of assessments of the business' ability to continue in the current legal entity, the possibility of divesting assets as well as securing and optimising the bank's or the financial business' security interests. Moreover, some of Accura's assistance consists of advice concerning whether to attempt an out-of-court restructuring, commence formal restructuring proceedings or file a petition for bankruptcy.

Accura is a highly experienced advisor to businesses, banks and other financial businesses in respect of setting up and optimising security packages and verification of existing security interests as well as realisation of charged assets in e.g. real estate, company charges, invoice claims, movable property, assignments, etc., both with or without bankruptcy.

The setting up and verification of security packages contribute to ensuring both towards the business and the financial business partner(s) that the terms for mortgaging and agreements meet the basic assumptions. This is particularly important with respect to businesses in distress where the future process is to be coordinated.


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Dispute resolution and renegotiation of cooperation agreements

Trade credits agreed with trade partners are becoming increasingly important to many businesses in the industrial and retail sectors as a supplement to traditional bank financing of the necessary working capital.

Accura has many years' experience in assisting trade partners in the renegotiation of commercial agreements in critical situations to enable them to maintain and continue their good business relationship and maintain their earnings capacity when one or both of them are in financial difficulties.

Moreover, Accura often assists banks and other large creditors if the business cannot be operated optimally as a result of the disagreement among the owners. Accura's specialists are often appointed as members of the board of directors to create a calm atmosphere and consensus among the owners for the purpose of preparing the business for a sale or optimising the business in relation to the continued operations.

 


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International issues

International trade and financing are becoming more challenging for Danish businesses in financial difficulties and to foreign businesses, bankruptcy estates and banks with secured claims and/or major receivables in Denmark.

Accura has extensive experience with the handling of complex issues relating to private international law and international procedural law.

Moreover, since Denmark has opted out of the judicial cooperation in the EU, Denmark is the only EU member state that is not subject to the EU insolvency rules implemented by the other EU member states in 2003.

Since 2003, Accura has worked very intensely in this area.

We have an extensive network of highly specialised foreign lawyers and insolvency experts ensuring that Danish and foreign clients receive quick and effective cross-border advice, and that the special challenges and issues relating to international trade, financing and enforcement are handled in the best possible manner.

 


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Transactions in the form of purchase of failing businesses

Accura often assists investors in the purchase of failing businesses from owners or bankruptcy estates. This process is often characterised by the takeover being expedient and subject to terms and in a form that significantly differs from a usual business transfer.

This requires special qualifications which Accura's team of specialists possesses and which ensure a smooth and effective transfer of the business' assets, one of the main purposes being to preserve the business' customer base.

 

Contacts

Andreas Kærsgaard Mylin
Andreas Kærsgaard Mylin

Partner, Attorney-at-Law

Phone: +45 3945 2800
Mobile: +45 3078 5761
andreas.mylin@accura.dk


Further Details

We handle a wide range of issues within the area of restructuring and insolvency.

As a result of our commercial and transaction-based approach, we often succeed in transferring failing businesses/commitments with or without the assistance of the bankruptcy court. In that way, both the owners and the creditors obtain the best possible financial solution.

To the extent necessary, we involve specialists from Accura's other teams, including the Banking & Finance Team, Corporate & Commercial Team, M&A Team and Real Estate Team, to provide our clients with an optimal solution of the highest quality.

The Partners of Restructuring and Insolvency are Insolvency Lawyers certified by the Association of Danish Insolvency Lawyers (Danske Insolvensadvokater).

Insolvens Certificering