Kelemenis & Co. has a strong presence in the field of corporate restructuring and bankruptcy law, providing legal support to corporate groups, creditors and investors in complex insolvency and restructuring cases. It handles bankruptcy and pre-bankruptcy proceedings, reorganisation proceedings, debt restructuring, negotiations with creditors and financiers, and management liability issues. The firm makes use of its combined knowledge of corporate and commercial law, financing and litigation, ensuring a uniform and effective treatment of complex cases of corporate insolvency.

The range of cases handled by Kelemenis & Co. includes:

Commencement of bankruptcy proceedings (Law 4738/2020)

• Preparation and filing of bankruptcy petition, representation of debtor or creditors, monitoring of proceedings and management of bankruptcy estate.

Pre-insolvency restructuring process

• Structure and negotiation of reorganisation agreements, court ratification, moratorium.

Out-of-court debt settlement mechanism

• Inclusion and process management through the platform, negotiation with financial institutions and the State.

Restructuring and refinancing of loans

• Negotiation with banks and servicers, modification of financing terms.

Special administration of businesses

• Representation in special administration procedures, liquidation of assets, transfer of business units.

Takeover of companies in insolvency (distressed M&A)

• Acquisition of assets or business branches, structuring transactions, investor protection.

Creditor protection and debt assurance

• Filing of claims, filing oppositions, participation in collective proceedings

Defauding of creditors

• Contesting acts that damage creditors, asset recoveries.

Liability of directors and executives (directors’ liability)

• Civil and criminal liability for late bankruptcy, harmful acts, breach of duties.

Security collateral

• Mortgages, pledges, prenotations, preferential satisfaction of creditors.

Cross-border insolvency

• Coordination of procedures within the EU and recognition of foreign procedures.

Labour aspects of insolvency

• Workers’ rights, compensations, ranking of claims.

Tax issues in restructuring

• Settlement of debts to the State, tax treatment of write-offs and transfers.

Judicial and out-of-court settlement of insolvency disputes

• Oppositions, injunctions, arbitration and negotiation.