At Baker & McKenzie, we understand that in every financial crisis there are windows of opportunity, moments when businesses can still be rescued, rehabilitated or reorganized, and when it is possible to stop the erosion of value. Preparing and implementing sound strategy makes all the difference.
We work on a variety of corporate and debt restructurings in Thailand, acting for governmental organizations, steering committees, creditors and corporate debtors. Our service portfolio is broad, focusing on analyzing risk, identifying creditors and debtors’ rights, formulating workout and renewal schemes, implementing cross-border representation, and structuring bankruptcies and reorganizations. We also provide assistance in the areas of insolvency-related dispute resolution and tax issues. We have capabilities in:
- Risk analysis – Analyze, recommend and implement strategies to strengthen clients’ rights in securitizations, loan and security interests and their enforceability, shareholders’ and employment agreements, equipment and property leases, distribution agreements and other critical relationships
- Workout, turnaround and renewal – Negotiate and draft terms of sale and purchase agreements, stand still agreements and term sheets; devise capital injection schemes; advise on structures for re-classification of creditors; renegotiate finance terms; advise on the establishment of asset management companies; and pursue fast cash collection and other remedies through dispute resolution, as well as assist with asset dispositions, mergers and acquisitions
- Distressed debt – Represent purchasers and sellers of distressed debt; assist in all aspects of financial restructuring, from default to conclusion of reorganization or liquidations; identify and exploit our clients’ leverage; advise on conversion of debt to equity, the hair-cut of debt, transfer of assets to special purpose vehicles, capital write-downs, and secure mortgages and pledges
- Cross-border representation – Utilize local resources in multiple offices to address issues arising from businesses transcending jurisdictional boundaries, ranging from disposal of companies and assets to information gathering under statutory powers
- Formal bankruptcy/business reorganization – Advise parties appointed to manage insolvent businesses, as well as those appointed to plan and administer reorganizations; design innovative structures for placement of debtors in reorganization, negotiate plans for reorganization with creditors, prepare reorganization plans, and provide guidance to plan preparers and plan administrators
- Dispute resolution – Handle a wide variety of disputes arising in a financial crisis; negotiate, litigate and assist in the execution of assets, including under asset management schemes; prosecute and defend preferential and fraudulent conveyance claims, and implement aggressive action to protect assets of creditors