Global
PRACTICES Restructuring and Insolvency Bankruptcy Filing and Proceedings
Bankruptcy Filing and Proceedings
Restructuring and Insolvency
Bankruptcy Filing and Proceedings

For businesses unable to overcome financial distress, initiating bankruptcy proceedings may be necessary to resolve debt obligations in an orderly and legally protected framework. ForTran advises debtors, creditors, and other petitioning parties on all stages of the filing process, ensuring legal compliance, effective coordination, and protection of core interests. Our services include:

Pre-Filing Strategy and Petition Preparation

We assist debtors in assessing financial status, selecting the appropriate bankruptcy route (liquidation or reorganization), and preparing filing materials, including petitions and liquidation plans.

Creditor-Initiated Bankruptcy

We represent creditors in initiating bankruptcy proceedings, offering strategic advice, compiling supporting evidence, and submitting petitions to assert claims and trigger court review.

Petition Documents and Financial Disclosure

We support clients in drafting core documentation such as the bankruptcy petition, debt schedules, and asset-liability reports, ensuring legal sufficiency and compliance with evidentiary standards.

Pre-Bankruptcy Asset Preservation

We provide legal advice on pre-bankruptcy asset protection and transaction conduct, including restrictions on asset transfers, precautions against enforcement actions such as freezing or seizure, and guidance on the debtor's duty to exercise prudence in commercial transactions. These measures are designed to prevent asset dissipation and avoid procedural obstacles during the court's review.

Corporate Resolutions and Internal Authorization

We guide shareholders' meetings and boards of directors in adopting resolutions necessary to authorize the filing, minimizing procedural defects or later disputes.

Court Engagement and Procedural Representation

We assist in responding to court inquiries, document supplements, evidentiary hearings, and preliminary objections during both formal and substantive review phases.

Cross-Issue Legal Support

At the initial stage of bankruptcy, we advise on related matters such as suspension of enforcement, early contract termination, and discharge of guarantee liabilities.

Liaison with the Administrator, the Court, and Creditors' Meetings

We coordinate between the debtor (or creditor) and the court-appointed administrator, facilitating asset disclosures, claim verification, and procedural consensus among stakeholders.

Defense Against Disputed Filings

We represent clients in contested filings, including objections by debtors or challenges to malicious or fraudulent petitions brought by affiliates or competitors.

Administrator Support in Preliminary Investigation

When appointed, we assist the administrator in gathering financial information, verifying accounts, and preparing for asset preservation and valuation.


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