Simont Braun - Avocats advocaten lawyers

Restructuring and Insolvency

Restructuring operations and insolvency proceedings require close and comprehensive legal scrutiny. Simont Braun guides both private individuals and legal entities in all their legal issues, whether specific questions, litigation, transactions or negotiations with financial institutions and debtors, including within the context of legal proceedings.

We develop a sound and comprehensive strategic understanding of our clients' needs and strategy to provide creative assistance tailored to the specific corporate, tax and employment aspects of the matter under consideration.

Our fields of expertise

Our team notably focuses on:

  • Drafting notices, negotiating, structuring and issuing legal opinions relating to all kinds of sureties and real and personal guarantees, i.e. sureties over dematerialised or registered shares, sureties over accounts or in cash, mortgage, mortgage warrants, bail bonds, etc.;

  • Notices and the issue of legal opinions on the assignment of debt, debt assignments in guarantee, and compensation and netting, including for international transactions;

  • Assistance to trustees, creditors or insolvent companies in litigation cases (bankruptcy proceedings, liquidation proceedings or judicial composition proceedings);

  • Debt restructuring.

Some recent projects

  • Assisting a large bank in renegotiating an index licence agreement in a context of the insolvency of its counterparty;

  • Representing the Belgian State in a lawsuit against Forges de Clabecq, which was declared bankrupt in 1997, after which a State guarantee was classified as State aid by the European Commission. A judgment in favour of our client was issued on 30 January 2018;

  • Advising the buyer of a branch of a company active in the cosmetics sector and facing a judicial reorganisation procedure. In this context, we negotiated with the judicial trustee and defended our client against various legal claims filed by third parties;

  • Successfully representing the owner of the building housing a four-star hotel in the historical district of Brussels in the judicial composition filed by the hotel’s operator, which owed significant sums to our client. The court declared our claim admissible and the operator bankrupt.