Protective Settlement

We advise financially distressed debtors on Protective Settlement proceedings designed to facilitate an agreement with creditors while allowing the debtor to retain management of its business. Our practice focuses on the legal structuring of the settlement, creditor negotiations, and representation before the competent court throughout the proceeding.

Our legal services

• Advising on eligibility for and commencement of Protective Settlement proceedings.

• Preparing and filing applications for commencement and related court submissions.

• Drafting and legally structuring Protective Settlement proposals.

• Advising on creditor classification, voting rights, and approval requirements.

• Representing debtors in negotiations with creditors and other stakeholders.

• Preparing and filing applications for suspension of claims.

• Advising on secured creditor rights and applications relating to enforcement against secured assets.

• Advising on the legal treatment of contracts, guarantees, and security arrangements.

• Representing debtors in objections, applications, and disputes arising during the proceeding.

• Representing debtors in court proceedings relating to approval and confirmation of proposals.

• Advising on the legal effect, amendment, implementation, and termination of confirmed plans.