Insolvency & Restructuring
Find out about legal solutions, in or out of court, on all aspects of restructuring and insolvency matters, on both a local and cross-border level.
Baltics and Belarus
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COVID-19 related financial and insolvency measures in European countries
Publication / Kazimieras Karpickis, Domantė Lunytė, Kamilė Kukaitytė, Dr Mari Agarmaa, Kätlin Krisak, Karmel Kristin Einberg, Edvīns DrabaA multijurisdictional overview for the central European, southern European and Baltic countries The COVID-19 pandemic has, and will have, an unprecedented impact on the economy of all countries across the globe. Many governments and banks have introduced extraordinary measures to moderate the financial and economic impacts of the pandemic and inevitable domino effect of credit […]
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Wrongful trading and directors’ liability – the Baltics, CEE and SEE region
Publication / Dr Mari Agarmaa, Karmel Kristin Einberg, Raivo Raudzeps, Edvīns Draba, Greta Kubiliūnaitė, Kazimieras Karpickis, Maria RodichGenerally speaking, wrongful trading is the special form of liability where a director of a company is liable for damages towards the creditors for the mismanagement of an insolvent company. A special feature of the wrongful trading concept is that it may give rise not only to the liability of the director of the company […]
Estonia
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Bankruptcy webinar for British Estonian Chamber of Commerce by Mari Karja
Video / Dr Mari AgarmaaThis presentation will give an overview of Bankruptcy law in Estonia with 2 special focusses. Firstly we will look at creditor rights – in other words how to get your money back from a company that is going into administration. Secondly, we will look at the issue of Management liability in bankruptcy situations. She will […]
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Estonia: When things get tough. How to deal with debt and liquidity issues?
Publication / Dr Mari AgarmaaMany companies will likely be forced to deal with debts and liquidity issues – one must act smart and promptly to keep the problems from snowballing. Advice to creditors: Stop the snowballing effect! Set the credit limit and ask for advance payments First, take a good look at the credit limits you have set for your […]
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Estonian corporate update: participation and voting at virtual meetings widely available
Publication / Piret Jesse, Karin Madisson, Toomas Prangli, Mirell Prosa, Robin Teever, Karl Einar Ilves, Vladislav LeiriThe crisis has forced lawmakers to act promptly and introduce a wide array of new electronic options for companies to organise their business. While these new options often reduce the red tape burden for management board members, their most important duty – to act in the best interest of their companies – remains as important […]
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Wrongful trading and directors’ liability – Estonia
Publication / Dr Mari Agarmaa, Karmel Kristin EinbergGenerally speaking, wrongful trading is the special form of liability where a director of a company is liable for damages towards the creditors for the mismanagement of an insolvent company. A special feature of the wrongful trading concept is that it may give rise not only to the liability of the director of the company […]
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COVID-19 related amendments to insolvency regulations in Estonia
Publication / Dr Mari AgarmaaSuspension of the management board’s obligation to file a bankruptcy application Under the Estonian COVID law the obligation of the management board to file a bankruptcy application is halted. This amendment applies to all legal and natural persons. However, an undertaking that lacks prospects of restoring and continuing its economic activities after the current emergency […]
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What to do if the debtor fails to pay? (in Estonian)
The more time passes, the more the issue of debt collection becomes relevant. In general, even force majeure does not release the debtor from his financial obligation. What to do in case the debtor fails to pay explain our senior associate Mari Karja and legal assistant Polina Tšernjak. Read more in Estonian.
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Seven Debt Prevention Tips
In the coming months, many companies will face indebtedness and liquidity problems that can be alleviated by acting prudently. It is important to address indebtedness and the resulting liquidity problems at the earliest possible stage. Otherwise, they may deepen and become insurmountable, when it may no longer be possible to return from bankruptcy, writes our […]
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COVID-19 related financial measures in Estonia
Publication / Kätlin KrisakAll three Baltic governments have set in place financial measures to help companies out of the crisis. The Estonian government adopted a short-term economic support package on 19 March 2020. In addition, new crisis measures were set in place in a supplementary budget for 2020 which was approved by the government on 28 April (subject to […]
Latvia
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INSOL Europe Coffee Breaks: Connecting Minds 2021
Publication / Edvīns DrabaINSOL Europe continues their Coffee Breaks: Connecting Minds series established in 2020. This year, the INSOL Europe Country Coordinators will share their experiences with representatives from their local associations, highlighting the reforms and challenges of the national insolvency framework to address the current crisis and other key issues in their jurisdiction. Watch our senior associate Edvīns Draba’s participation in a […]
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Latvia: When things get tough. How to deal with debt and liquidity issues?
Publication / Edvīns DrabaMany companies will likely be forced to deal with debts and liquidity issues – one must act smart and promptly to keep the problems from snowballing, Advice to creditors Stop the snowballing effect! Set the credit limit and ask for advance payments First, take a good look at the credit limits you have set for […]
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Wrongful trading and directors’ liability – Latvia
Publication / Edvīns Draba, Raivo RaudzepsGenerally speaking, wrongful trading is the special form of liability where a director of a company is liable for damages towards the creditors for the mismanagement of an insolvent company. A special feature of the wrongful trading concept is that it may give rise not only to the liability of the director of the company […]
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COVID-19 related amendments to insolvency regulations in Latvia
Publication / Edvīns DrabaSuspension of creditors’ right to file for insolvency Under the Latvian Covid-19 Law, any creditor (including an employee or the tax administration) is precluded from filing an insolvency application against a debtor (legal person) until 1 September 2020. The moratorium applies to any creditor-debtor relationship and hence is not limited to any industry or to […]
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State loans and loan guarantees in Latvia
Publication / Edvīns DrabaIn Latvia, state funds are channelled to support businesses through the state development finance institution ALTUM. State loans by the state development finance institution ALTUM Small, medium-sized and large enterprises facing financial difficulty due to COVID-19 spread may apply for loans to finance their working capital with subsidized/lower interest rates and decreased security requirements of […]
Lithuania
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Lithuania: When things get tough. How to deal with debt and liquidity issues?
Publication / Žygimantas Pacevičius, Kazimieras KarpickisMany companies will likely be forced to deal with debts and liquidity issues – one must act smart and early to keep the problems from snowballing. Advice to creditors: stop the snowballing effect Set a credit limit and ask for advance payments. First, take a good look at the credit limits you have set for […]
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COVID-19 related amendments to insolvency regulations in Lithuania
Publication / Kazimieras Karpickis, Domantė LunytėThe Lithuanian Parliament has enacted the Law on the Impact of the Effects of the New Coronavirus (COVID-19) on the Application of the Lithuanian Law on the Insolvency of Legal Entities (the “Lithuanian COVID-19 Law”), effective as of 25 April 2020. The Lithuanian COVID-19 Law applies only to companies that have experienced financial difficulties and […]
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Wrongful trading and directors’ liability – Lithuania
Publication / Greta Kubiliūnaitė, Kazimieras KarpickisGenerally speaking, wrongful trading is the special form of liability where a director of a company is liable for damages towards the creditors for the mismanagement of an insolvent company. A special feature of the wrongful trading concept is that it may give rise not only to the liability of the director of the company […]
Belarus
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Wrongful trading and directors’ liability – Belarus
Publication / Maria RodichGenerally speaking, wrongful trading is the special form of liability where a director of a company is liable for damages towards the creditors for the mismanagement of an insolvent company. A special feature of the wrongful trading concept is that it may give rise not only to the liability of the director of the company […]