Restructuring & Insolvency

We are advising companies and creditors, creditors’ committees, liquidators, receivers, administrators, hedge funds, sponsors, banks, insurance companies and other financial institutions and as well as potential investors in connection with insolvencies and restructurings. We work closely with our and (Atsumi & Sakai’s) finance and corporate specialists as well as specialists in other relevant legal areas such as employment, tax, litigation & arbitration, real estate and intellectual property. We help our clients avoiding insolvency and distressed investors to obtain control of troubled companies.

Our clients come to us as we are not only proactive and taking strong position on behalf of our clients but also very creative when it comes to protecting our clients’ business and safeguarding their investment and financial interests.

Restructuring related advice that we give includes in particular advising on:

  • debt restructuring and rescheduling, workouts
  • measures to avoid insolvency proceedings, e.g. subordination agreements, letters of comfort and conversion of shareholder loans into equity and debt-equity-swaps by third party creditors, debt buy backs
  • plans of reorganization
  • distressed M&A transactions, including acquiring assets out of insolvency proceedings
  • protecting creditor claims, cross border recovery, asset freeze, and search operations
  • insolvency litigation
  • sale and purchase of non-performing loans (NPL) and analysis and evaluation of large loan portfolios
  • actions against defaulting lenders

Our team includes lawyers fluent in Japanese, English, German, Chinese, Spanish and French. This allows us to read, understand and comment on documents in these languages without translation and we can also communicate in these languages.