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Business Restructuring Instead of Bankruptcy — When There's Still a Chance

Restructuring vs. Bankruptcy

Bankruptcy = liquidation. Restructuring = saving the business while satisfying creditors. The Restructuring Law of 2015 (effective from 1 January 2016) gives four paths.

Four Restructuring Procedures

1. Arrangement approval proceedings — fastest, debtor collects votes. 2. Accelerated arrangement proceedings — undisputed claims, enforcement protection, 2-3 months. 3. Arrangement proceedings — disputed claims, full protection. 4. Remedial proceedings — most far-reaching, administrator takes over.

When There's Still Time

When the company is at risk of insolvency but there's a realistic chance of saving the business. If hopeless — bankruptcy is mandatory (30 days).

Enforcement Protection

Opening proceedings suspends enforcement. Provides space for creditor negotiations.

Arrangement with Creditors

Deferred payments, installments, partial claim reduction (haircut), debt-to-equity conversion. A court-approved arrangement binds all creditors.

Facing financial difficulties? Get in touch — I'll assess whether restructuring is still viable.

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