Insolvency - Sarbu Partners

Main Contacts

Overview

Sarbu Partners’ lawyers are recognised for providing innovative solutions to enforce creditors’ receivables and support the restructuring process of insolvent debtors.
In our activity of drafting commercial contracts, we incorporate effective clauses to mitigate the risk of counterparty insolvency.

We also offer tailored business restructuring and dissolution advice, as well as guidance on valuation in insolvency, helping companies and shareholders understand risks and financial implications.
Over the last 10 years, we have been actively involved in numerous insolvency litigations in Romania, handling disputes for debt recovery from insolvent companies and restructuring plans.

Services we provide

We assist creditors in matters such as:

· registering their receivables with the insolvency estate;
· appeals against the judiciary administrator’s decisions;
· representation in insolvency litigation in Romania;
· consultancy for ongoing contracts in insolvency and restructuring phase;
· enforcement of deeds in cross-border insolvency proceedings.

We assist the insolvent debtor in matters such as:

· due diligence and financial optimisation strategies according to Romanian insolvency law;
· consultancy regarding insolvency law, helping the company choose the best solution for restructuring;
· assistance and representation in disputes arising from corporate insolvency and restructuring cases.

Work Highlights in Insolvency

· Representation of a Romanian energy company in a case for recovering receivables of €23 million from an insolvent Romanian leasing company;
· Advice and representation of a Romanian high-way construction company during its restructuration phase: negotiations with creditors, drafting restructuration plan in cooperation with the judiciary officer and representation of the debtor in cases associated with insolvency procedure;
· Representation in enforcing an ICC arbitral award in an EU cross-border insolvency, through third party garnishment against a French debtor in insolvency, case which implied the application EU Regulation 2015/84, Roma I Regulation, French insolvency law and Romanian insolvency law;
· Representation of the major shareholder, also acting as CEO, in a procedure regarding the director’s personal liability;
· Consultancy for a Creditor during the performance of a €4 million contract in order to secure payments from its contractual partner in insolvency (drafting Addendum, imposing mortgages and changing payment method).