Insolvency and Reconstruction

At Berngaard, our lawyers have specialist expertise in bankruptcy law, pledge law, company law, financing and restructuring. We assist businesses facing financial difficulties – whether the goal is to recover and secure outstanding claims, or to restructure and avoid insolvency altogether.

Our team includes lawyers with prior experience from corporate management, board positions and estate administration as court-appointed administrators. This gives us a practical understanding of the pressures and decisions that arise when a business is in financial distress – and of what it takes to navigate them effectively.

Because insolvency and restructuring rarely arise in isolation, we work closely with colleagues across our practice areas to provide comprehensive advice. This means we can also assist with tax and VAT issues, employment law aspects of downsizing and reorganisation, and matters relating to unfinished or ongoing projects – all within the same engagement.

We assist with:

• Assessments of equity and liquidity

• The board's scope of action and duties under the Companies Acts

• Board liability

• Financing, refinancing and negotiations with banks, lenders and secured creditors

• Structuring of security, loan documentation, guarantees, bond loans and convertible loans

• Purchase and sale of businesses and assets before and after bankruptcy

• Restructuring and downsizing

• Voluntary debt negotiations, creditor negotiations and compulsory composition proceedings

• Recovery and securing of claims

• Enforcement proceedings

• Claims against, and negotiations with, bankruptcy estates