Bankruptcy & restructuring proceeding

Bankruptcy proceeding

JUDr. Róbert Fatura has been acted as a trustee since 2005 according act No. 328/1991 Sb. on bankruptcy and composition, which was replaced by Act No. 7/2005 Coll. on Bankruptcy and Restructuring and on amendments and supplements to some acts. The main activity of the trustee in the bankruptcy is the realization of all the debtor’s assets and then sells it and distributes the money to creditors. This is often an administrative and professionally challenging activity in which has our law office extensive experiences. We have conducted lots of the bankruptcy proceedings for many large engineering companies, including: VOJUS, as Personnel Welfare Slovakia, sro, but also companies to produce furniture FISO, Ltd., and other companies like Metalex Ltd., PD Biely Potok, Žrebčín Motešice, and. s. and nearly 30 other entities. In the past, we were actively cooperated on the bankruptcy proceedings of the company Slovak shipyard, a. s., Komárno, Jednota, spotrebné družstvo Kománo and other bankruptcy proceedings.

Restructuring proceeding

The function an administrator of the list of trustees of the Ministry of Justice includes: draw up restructuring opinions, function of restructuring trustee and after the restructuring proceeding also a function of a monitoring trustee. Restructuring proceeding is a specific type of proceeding in which the creditors claim their receivables against the debtor, which is in insolvency. The purpose of the restructuring is maintain continuity of business of the debtor and the achievement of its economic stabilization through corrective measures, lawfully under the supervision of the court, trustee and creditors of the debtor. The advantage of the company restructuring is that after the successful approval of the restructuring plan, the debtor old commitments shall expire and to debtor is given the opportunity to successfully continue with business activities. Opposite to the bankruptcy proceeding, restructuring ensure maintenance of economic independence and legal personality of the debtor, achievement of economic recovery, conservation of jobs, and the continuity of income, so restructuring proceeding is for the creditors of the debtor always more favorable than bankruptcy.

Within this activity, our law firm draws up restructuring opinions, in which it assess the economic performance of the business entity and its ability to get rid of debts and successfully continue its activities. In addition, we offer preparing of all documents which are necessary for file a motion of starting restructuring proceedings, we performs the function of restructuring trustee and after the formal termination of the restructuring we perform the function of a monitoring trustee. Since 2006, we conducted a number of formally (approval of the restructuring plan by creditors’ committee, creditor´s meeting and consequently by court – VOJUS, as MIXER sro, LUXOR, as Berto sk, Ltd. and so on.) and substantively ( fulfillment of the restructuring plan – Slovglobal as) successful restructuring proceedings.