Cabinet Kuntz & Associés - Avocats conseil et contentieux
  • Cabinet Kuntz & Associés

Restructuring and corporate recovery

Added value

Kuntz & Associés has developed a high level of expertise in this field and dealt with the first case in France under the new Law in 2006.

Kuntz & Associés deals primarily with complex, high-value financial and legal restructuring operations, acting for clients such as investment funds and manufacturers.

It offers genuine added value to its clients by combining the best techniques in reorganisation proceedings on one hand, and the best techniques in mergers & acquisitions transactions on the other.

The firm advises companies which must restructure, either pre-emptively or because they are compelled to.

Beyond the inevitable legal and financial aspects, the lawyers at Kuntz & Associés take a company's recovery very seriously, seeking all solutions which allow the preservation of the company's know-how and the safeguarding of as many jobs as possible.

Whatever the procedure, the lawyers at Kuntz & Associés know how to make the best use of the legal tools available to them, taking into consideration any national or regional macro-economic issues, the interests of investors, the interests of the company and the interests of employees.

Our unrivalled knowledge of all aspects of insolvency procedures allows us to bring into play various tactical approaches to achieve the best for our clients.

Our specialists in corporate restructuring, mergers and acquisitions, litigation and employment law work as a team to ensure that our clients achieve their objectives.


In the field of corporate restructuring, Kuntz & Associés advises in five main areas:

  • ad-hoc procedures
  • conciliation
  • safeguard
  • receivership
  • liquidation

Ad-hoc procedures
This is a confidential procedure by which thePresident of the Commercial Court appoints a "mandataire ad hoc" at the request of the head of the company. Under the auspices of the Courts, the receiver negotiates with the company's creditors, banks and / or suppliers.

The objective of this procedure is to restructure debt and to negotiate with the company's creditors to alleviate the debt.

Conciliation proceedings
Kuntz & Associés has developed a high level of expertise in this field and dealt with the first case in France under the new Law in 2006.

The head of the company applies to the President of the commercial court for the appointment of a judicial administrator. The aim of his procedure, which is part of a more formal contractual and judicial framework, is to organise the company's restructuring and to allow it to resolve its difficulties. The administrator negotiates with the company's creditors, debtors and contracting partners in order to reach an agreement.

This procedure has been in place as part of the new law on corporate recovery since january 2006, amended in 2008.

Safeguard proceedings
Under this new procedure, a debtor must, within six months and with the assistance of a judicial receiver appointed by the Court at the debtor's request, reach a negotiated settlement with the creditors in order to avoid a state of insolvency and to ensure the continuation of the business.

Kuntz & Associés is advising creditors as part of the largest safeguard proceedings currently pending in France.

Receivership proceedings
During the course of this procedure, the Court becomes involved at the request of debtors or creditors or on its own initiative. The Court orders a restructuring scheme, a disposal scheme or a liquidation of the company.

This proceedings aims at liquidating the debtor's assets by an aggregate or separate assignment of its rights and property.

Recent Corporate Recovery Work

  • Restructuration of a press photo group
  • Prepack cession
  • Restructuration of a global lighting supplier
  • Restructuration of a security and guarding company
  • Appointment to represent bondholders
  • European insolvency procedure (France, Belgium, Italy and Poland) and disposal scheme in the printing label activity
  • Disposal scheme in security for residences and persons activity
  • Arbitration, receivership and corporate recovery in the automotive industry, security, printing, aerospace
  • A corporate recovery scheme in the distribution industry
  • An asset sale within the framework of a judicial liquidation in the real estate industry
  • Disposal scheme in the media industry
  • Restructuration of a leader in French automotive industry