The lawyers in our Restructuring and Insolvency practice have built up significant experience in the area of debt and corporate restructuring and insolvency, both corporate and personal. Their experience is in both contentious and non-contentious matters, and the Restructuring and Insolvency practice comprises lawyers from both our Corporate and Litigation, Arbitration and Dispute Resolution practices.
Having substantial experience advising and representing various local and international banks and financial institutions, our lawyers are familiar with the regulatory and compliance frameworks within which banks and financial institutions operate, loan and security documentation, various financial instruments, documentary credits, bank guarantees, performance bonds, and credit structures. Our lawyers have been involved in numerous litigation and arbitration claims involving banking-related claims.
The experience garnered from involvement in banking transactions, and banking-related disputes places our lawyers in an excellent position in restructuring and insolvency work.
Our lawyers are well-equipped to provide clients with preventive or pre-emptive advice on structuring transactions so as to maximise the recovery of their investments or to best protect their interests in the event of insolvency of their joint-venture partners or borrowers.
Our lawyers earned much respect for their work in debt restructuring and workouts around the region, particularly in Indonesia during the Asian financial crisis in 1998. Our lawyers were responsible for successfully restructuring the debts of several large Indonesian conglomerates. They have worked closely with independent financial advisors and special accountants, and prepared and negotiated standstill agreements and security documentation.
Our lawyers have been involved in numerous receiverships, liquidations, judicial managements, schemes of arrangements, cross-border insolvencies, personal bankruptcies and voluntary arrangements. Our lawyers have represented and advised both creditors and debtors, and have advised on the recoverability of loans, the enforcement of securities and judgments, the rights of secured and unsecured creditors, bondholders’ rights, priority of payouts to creditors, schemes of arrangement, settlements and compromises.Our lawyers have also assisted and been actively involved in the uncovering of corporate fraud, misconduct and misfeasance of various officers of insolvent companies. They have assisted in the recovery or “claw-back” of fraudulent transactions, undervalued transactions, or unfairly preferential transactions through examination of former officers and employees of insolvent companies and asset tracing.