Working as lawyers for the past 30 years, we were privileged to contribute to the shaping of the profession of Restructuring Lawyer and be actively involved in the development of its ecosystem

The team

Working as lawyers for the past 30 years, we were privileged to contribute to the shaping of the profession of Restructuring Lawyer and be actively involved in the development of its ecosystem; this allowed us to gain inside knowledge of the various players of the restructuring sector (Directors and Judicial agents, financial advisers, interim managers, commercial courts, Interministerial Committee on Industrial Restructuring, etc.).
The growing number of instruments made available to us during successive reforms offered us more flexibility in the choice of procedures and we were able to demonstrate creativity in handling the difficulties of a company.
Our ability to look into the causes of the company's difficulties allows us to anticipate at the earliest possible stage how to address these difficulties in the context of a strategic collaboration with the financial experts and the company. Furthermore, the partners of Poulain Law Office have developed specific and complementary skills, always in cooperation with the companies, their executives and shareholders or the industrial or financial investors.
Jean-Paul Poulain specialises in supporting major French and foreign groups (listed or not) on complex issues as a preventive measure (ad hoc mandate, conciliation or prepack transfer) or as part of a judicial procedure (safeguard procedure, judicial reorganisation or compulsory liquidation). He also provides advice to their executives and shareholders in all stages of the restructuring process.

Jean-Paul Poulain analyses the company's situation and the specificities of its market and seeks to understand its strengths and weaknesses and take account of its own mechanisms (financial and accounting management, commercial and procurement policy, HR management, etc.). He is known for carrying out a rigorous financial diagnosis and for the pragmatism of proposed solutions.

Jean Paul Poulain has, in addition to his thorough knowledge of the environment, the ability to get deeply involved in any sector of activity and handle and understand their challenges.
Specialists with complementary expertise capable of providing global solutions (Restructuring/Insolvency Procedures, Mergers-Acquisitions/Private Equity, Litigation), the entire team proposes optimal solutions that can be achieved via the most sophisticated and advanced legal techniques.
The team has a strong entrepreneurial thinking characterised by an ultra-qualitative approach and a total flexibility of action that is inherent to a simple structure.

Overview

  • Analysis of the company’s difficulties, advice on restructuring methods and optimising the choice of preventive or insolvency procedures.
  • Preparation of proceedings (request for the appointment of an ad hoc agent or conciliator, application for commencement of safeguard proceedings, declaration of cessation of payments in order to request the opening of a reorganisation procedure or compulsory liquidation).
  • Managing the relations with the main partners and creditors of the company in difficulty.
  • Management of the reference period.
  • Managing the relations with the Judicial representatives and Commercial Courts.
  • Renegotiation of debts with credit agencies and suppliers.
  • Preparation and negotiation of restructuring plans (ad hoc mandate agreements, conciliation protocols, recovery, reorganisation or disposal plans).
  • Legal monitoring of the company after the adoption of the restructuring plan.
  • Drafting the necessary documents for the implementation of restructuring plans.
  • Disposal of business segments.
  • Defence of the executives and shareholders.
  • Audit of the company in difficulty, analysis of the options for recovery.
  • Trade-in offers.