THE CASES OF DEBT RESTRUCTURING AND JUDICIAL REORGANIZATION IN BRAZIL HAVE GROWN IN NUMBER AND COMPLEXITY IN RECENT YEARS. SUCCESS IN THESE OPERATIONS REQUIRES QUICK, EFFECTIVE, AND CREATIVE RESPONSES TO THE DIFFICULTIES FACED BY EACH COMPANY AND TO MEET THE NEEDS OF EACH OF THOSE INVOLVED. SOLUTIONS MUST COMBINE PROACTIVITY, STRATEGIC VISION, AND RISK MITIGATION, IN ADDITION TO RECONCILING THE DIFFERENT INTERESTS AT STAKE.
With one of the most established reorganization and insolvency practices in Brazil, Machado Meyer acts mainly in defense of the interests of creditors and investors, exploring alternatives and maximizing opportunities.
With experience in coordinating complex, national and international projects, our professionals combine accumulated knowledge in the most different areas of activity, such as banking and financial transactions, structured transactions, operations in regulated sectors, debt restructuring, mergers and acquisitions, and judicial reorganization and insolvency cases in general. This gives us a clearer and more accurate view of each client's needs and helps us anticipate the problems that may arise throughout the case.
In our reorganization and insolvency practice, we advise in particular:
- Creditors, investors, and debtors in debt reorganization and out-of-court recoveries
- Creditors and investors in the recovery of claims for companies in judicial and extrajudicial reorganization, bankruptcy, intervention, and out-of-court settlement
- Domestic and foreign investors, hedge funds, investment funds, equity funds, and private equity investment banks in search of strategic opportunities
- Entities involved in reorganization and insolvency proceedings, such as fiduciary agents, trustees, escrow agents, guarantee agents, partners, and judicial administrators
The projects in which we operate cover activities such as:
- Debt restructuring, bilaterally and/or in syndicated operations
- Representation of creditors, or groups of creditors, in committees and/or meetings
- Registration and recovery of claims in judicial or extrajudicial reorganization proceedings and bankruptcies
- Various judicial and extrajudicial measures for the preservation of claims, execution of guarantees, and advanced search for assets
- Participation in mediations in insolvency proceedings
- Acquisition and/or sale of assets, shares, credits, rights, subsidiaries, or isolated production units of companies with financial difficulties, in judicial reorganization or bankruptcy, as well as assessment of applicable legal risks
- Negotiation of judicial or extrajudicial reorganization plans, defining the strategy for the procedure
- Legal due diligence and corporate reorganization of companies in financial difficulties
- Fundraising, whether or not based on assets, in Brazil or abroad, to finance activities of companies in financial difficulties, including in the modality of DIP Financing (Debtor in Possession)
- Acquisition of equity interests (whether or not majority interests) in companies in financial difficulty and/or in the context of judicial reorganization proceedings.