Restructuring & Insolvency
Mission Statement
In times of financial distress, both companies and individuals, as well as their creditors—including financial institutions, trade partners, and employees—must take decisive action. The primary goal is to mitigate negative consequences and, where possible, to preempt a full-blown crisis through proactive measures. fwp provides expert legal guidance to all parties involved—debtors and creditors alike—throughout every phase of a distress situation. Our focus is on developing and implementing tailored restructuring solutions, both through out-of-court negotiations and formal judicial processes. We place a strong emphasis on crafting out-of-court restructuring plans that are legally sound, financially viable, and operationally practical. Our advisory services are particularly concentrated on the critical intersections of law and finance in high-stakes environments, addressing director liabilities, shareholder financing issues, clawback risks, and distressed asset transactions. fwp is also your dedicated advocate in proceedings before domestic and international courts and arbitration panels.
„High quality of work, flexibility and trustful partner for years.“
IFLR1000
Key Services and Practice Areas
Supporting Out-of-Court Restructurings
- Negotiating and drafting standstill agreements
- Structuring and implementing comprehensive restructuring agreements
- Securing reorganization financing
- Implementing bail-in mechanisms and debt-to-equity swaps
- Structuring limited recourse financing arrangements
- Advising on preparatory steps for formal restructuring and reorganization proceedings
- Executing distressed M&A transactions
Supporting Judicial Reorganizations
- Managing the crisis and developing a reorganization plan
- Filing and advising on insolvency petitions
- Facilitating the continuation of business operations as a going concern
- Managing (partial) business liquidation scenarios
- Advising on the performance, termination, and rescission of contracts
- Legal representation in all insolvency court hearings
- Asserting and defending claims within insolvency proceedings (insolvency claims, separation and recovery actions)
D&O Liability
- Pursuing and defending against director and officer liability claims
- Advising on liability risks for delayed insolvency filings
- Guidance on payment prohibitions and their legal implications
- Managing claims from the Austrian Health Insurance Fund (ÖGK) and tax authorities
Equity Substitution Law
- Structuring financing in distressed situations
- Compliance with capital repayment prohibitions
- Advising on the subordination of shareholder loans
Avoidance Law
- Asserting and defending against clawback claims
- Designing transactions and contracts to be resistant to avoidance actions
Distressed M&A
- Guiding M&A transactions in financially difficult or crisis situations
Cross-Border and International Restructuring & Insolvency
- Advising on and managing out-of-court restructurings with an international dimension
- Supporting formal judicial reorganization or insolvency proceedings across jurisdictions