Representing companies in a liquidation proceeding
It happens often that despite our expectations, an invoice issued by us is recognized and accepted
by the other contracting party, but the payment is not made within the deadline specified in the
invoice. In this case, liquidation proceedings can be initiated against the debtor company, which
is much faster and more cost-effective than a time-consuming and expensive court proceeding.
In such cases, if the debtor company does not settle its outstanding payments under the
appropriate circumstances, and legal conditions, the competent court will order the liquidation of
the debtor company, which practically creates a situation where the debtor has no other choice
but to settle the debt.
Our experienced lawyers will provide you with the most thorough legal representation. We will
screen the debtor company and check its liquidity before recommending the initiation of the
liquidation proceeding.
A situation can arise where, following a business decision, it is our company that becomes
insolvent. Despite what may seem hopeless at first sight, we have a number of legal and
economic options to improve the situation. Our law firm can help your company avoid
liquidation as well as minimize losses upon liquidation. In this case, there is significant pressure
on the manager, and therefore, it is necessary to seek the advice of an external expert who can
take an objective view of the situation. We will develop the necessary strategy to resolve the
issue with the help of a tax expert working with the law firm. Such solution may include, for
example, restoring the company’s solvency. In this case, a bankruptcy proceeding can be
initiated which is significant professional tasks in it preparation and step-by-step organisation.
In the event of bankruptcy or insolvency, especially in light of the newly amended legislation,
not only the executive officer (managing director) but also the members of the company may be
liable for damages and criminal charges. The lawyers at our firm will assist you in ensuring that
your liability does not arise, and if necessary, our expert partners with deep sector knowledge
will act in your best interests.
If you are on the creditor’s side and the debtor company has ceased due to litigation, but you still
cannot access your claim, the “story” is not over. Several possibilities exist where the former
director and former members of the company can be held liable for the debtor company’s debts.
Our lawyers will explore the possibilities of how and in what way a claim against the dissolved
debtor company can be enforced against its former executive officers and members.
