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MinterEllison’s lawyers are all too familiar with the potential damage wrought by a formal insolvency appointment and have substantial experience in the use of informal mechanisms to allow a business an opportunity to achieve a turnaround or address an unsustainable debt structure.
Our work can involve negotiating standstills with major creditors, promoting and implementing a debt for equity swap or promoting a creditors' scheme of arrangement, amalgamating businesses or funds, refinancing debt or accelerated asset sales. At the same time we ensure that directors comply with their duties, including potential personal exposure for insolvent trading.
Our clients include major secured creditors and borrowers negotiating with creditors, with the hope of avoiding the need for a formal insolvency appointment.