ACTIVITIES RELATED TO THE RESTRUCTURING AND INSOLVENCY OF COMPANIES, SUCH AS DEBT RESTRUCTURING PROCEEDINGS, ANTICIPATORY MEASURES, IN-COURT AND OUT-OF-COURT REORGANIZATION, HAVE GROWN IN NUMBER AND COMPLEXITY IN RECENT YEARS IN BRAZIL.

Success in these transactions requires quick, effective, and creative responses to each company's difficulties and to meet the needs of those involved, especially legal certainty. Solutions must involve proactivity, strategic vision, and risk mitigation, as well as the ability to reconcile the different interests at stake.

RESTRUCTURING AND INSOLVENCY AT MACHADO MEYER


With one of the most traditional restructuring and insolvency practices in Brazil, Machado Meyer works mainly to defend the interests of creditors and investors, exploring alternatives and maximizing opportunities.

With experience in coordinating complex national and international projects, our professionals have accumulated knowledge in a wide range of areas, such as banking and financial transactions, structured transactions, transactions in regulated sectors, debt restructuring, mergers and acquisitions, and recovery and insolvency proceedings in general. This gives us a clearer and more precise view of each client's needs and helps us to anticipate problems that may arise during the process.

EXPERT ADVICE


In our restructuring and insolvency practice, we advise:

  • Creditors, investors, and debtors on debt restructuring and out-of-court reorganizations;
  • Creditors and investors on recovering credits from companies in in-court and out-of-court reorganizations, bankruptcies, interventions, and extrajudicial liquidations;
  • Domestic and foreign investors, hedge funds, investment funds, private equity funds, special situations funds, and investment banks seeking strategic opportunities involving companies experiencing financial hardship, under reorganization, or in bankruptcy (see also our joint work with the Special Situations practice);
  • Entities involved in restructuring and insolvency proceedings, such as fiduciary agents, trustees, escrow agents, guarantee agents, and court-appointed trustees; and
  • Shareholders, members, directors, and officers of companies facing economic and financial crises.

OUR WORK COVERS PROJECTS RELATED TO THE FOLLOWING ACTIVITIES:

  • Debt restructuring, bilaterally and/or in syndicated transactions;
  • Representing creditors, or groups of creditors, in committees and/or meetings;
  • Classifying and recovering claims in in-court or out-of-court reorganizations and bankruptcy proceedings;
  • Implementing various judicial and extrajudicial measures to preserve claims, foreclose on guarantees, and locate assets;
  • Participating in mediations in insolvency proceedings;
  • Acquiring and/or selling assets, shares, claims, rights, subsidiaries, or isolated production units of companies in financial difficulty, reorganization, or bankruptcy, as well as assessing the applicable legal risks (see also our joint work with the Special Situations practice);
  • Negotiating judicial or extrajudicial reorganization plans and asset liquidation plans in bankruptcy proceedings, defining the strategy for the procedure;
  • Issuing securities (convertible or not into shares), in Brazil and abroad, by companies implementing investment agreements, judicial and extrajudicial reorganization plans;
  • Conducting due diligence and corporate restructuring of companies in financial difficulties;
  • Raising funds, whether or not asset-backed, in Brazil or abroad, to finance the activities of companies in financial hardship or reorganization, including DIP financing (Debtor in Possession) (see also our joint work with the Special Situations practice); and
  • Acquiring shareholdings (majority or not) in companies in financial difficulties or in reorganization proceedings.

With strategy and legal knowledge, we can help you overcome any crisis.