In certain conditions, the debtor-in-possession regime or protective shield proceedings can be an alternative to regular insolvency proceedings. Both of these tools have the company’s restructuring as a goal. The debtor-in-possession or self-administration regime offers the advantage that management and, where permissible, the stakeholders of the insolvent company can continue managing it, with the assistance of experienced advisors. This happens under the supervision of a custodian who not only monitors compliance with insolvency laws and regulations relating to the proceedings but also reviews the company’s financial situation and ensures that creditor interests will be safeguarded.
We have extensive experience in (provisional) self-administration and (provisional) custodianship, and will be happy to assist you. Our focus areas relating to self-administration and custodianship are:
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