Best Restructuring & Insolvency Lawyers in Chalcis

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Founded in 2004
4 people in their team
English
Kalavris Law Firm, based in Chalkida on the island of Evia, Greece, provides sophisticated counsel in civil and criminal matters, employment and immigration law, and related regulatory issues. The practice leverages a long track record of handling complex disputes, transactional matters, and...
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1. About Restructuring & Insolvency Law in Chalkis, Greece

Restructuring and insolvency law in Greece provides pathways to reorganize or eliminate debts for businesses and individuals. The core aim is to preserve value, protect jobs, and maximize returns for creditors where possible. In Chalkis, as in other parts of Greece, insolvency matters are handled by local courts and specialized procedures under national law. The laws cover both corporate restructurings and personal insolvency matters, with procedures designed to balance debtor rehabilitation with creditor rights.

The Greek Insolvency Code, Law 4738/2020, reformed the framework to align national rules with EU directives on preventive restructuring and second chances. This reform introduced new mechanisms such as preventive restructurings, out-of-court settlements, and structured plans to rescue viable businesses. The reform also clarifies the roles of courts, creditors committees, and appointed professionals in restructuring processes.

Greece's Law 4738/2020 integrates EU directive requirements for preventive restructuring and a second chance for debtors.

Source: EUR-Lex Directive 2019/1023 and gov.gr.

Chalkis residents typically engage with local courts in Euboea for insolvency matters, with collaboration between judges, debtors, creditors, and professional advisers. Practical steps involve protective measures to prevent asset dissipation, followed by restructuring or liquidation options depending on the viability of the business. Local practices may vary by court calendar and creditor composition, making qualified local counsel valuable.

2. Why You May Need a Lawyer

Restructuring and insolvency issues often require timely, precise advice tailored to Chalkis premises and local court practices. Here are concrete, real-world scenarios where legal counsel is essential.

  • A Chalkis manufacturing business faces a pending creditor petition and needs a formal plan to avoid liquidation. A lawyer helps seek protective orders and assess restructuring options under Law 4738/2020.
  • A service company in Chalkis seeks an out-of-court settlement with banks and suppliers to restructure debt without a full court process. An attorney coordinates negotiations and drafts a settlement framework.
  • A family-run hotel in Chalkis encounters sharp revenue decline post-season and must determine whether a pre-insolvency arrangement or formal restructuring is viable. A lawyer evaluates cash flow projections and creditor leverage.
  • A Chalkis company with cross-border suppliers requires recognition of foreign claims and coordination of international creditors. A lawyer handles cross-border insolvency considerations and European instruments.
  • An entrepreneur worries about director liability due to prior decisions while seeking a restructuring plan. A lawyer provides governance guidance and risk assessment during negotiations.
  • An individual in Chalkis faces consumer debt and seeks a personal insolvency discharge under the second-chance framework. A lawyer explains qualification and procedural steps.

3. Local Laws Overview

The Greek system combines national statutes with EU directives to govern restructuring and insolvency. The following laws and regulations are central to processes in Chalkis and across Greece.

  • Law 4738/2020 - Insolvency Code (Κώδικας Αφερεγγυότητας). Introduced preventive restructuring, out-of-court settlements, and formal restructuring plans. It aims to balance debtor rehabilitation with creditor protection and aligns Greek law with EU Directive 2019/1023.
  • Law 3869/2010 - Code of Bankruptcy and Insolvency (Κώδικας Πτωχεύσεως). Served as the prior framework for insolvency procedures and is still referenced for some transitional provisions and older filings.
  • Regulation (EU) 848/2015 - Insolvency Proceedings (Cross-border). Governs cooperation and recognition of insolvency proceedings across EU member states. It works in tandem with national laws in Greece for international cases.

Recent emphasis in Greece has been on preventive restructuring and early negotiation with creditors, in line with EU directives. For procedural details and how these interact in Chalkis, consult the official Greek sources and EU guidance.

Directive 2019/1023 and Regulation 848/2015 shape cross-border and preventive restructuring rules in Greece.

Source: EUR-Lex Directive 2019/1023, EUR-Lex Regulation 848/2015, and gov.gr.

For data and statistics on insolvency in Greece, you may refer to the Hellenic Statistical Authority (ELSTAT), which provides official statistics and commentary on economic and business indicators relevant to insolvencies.

4. Frequently Asked Questions

What is the Insolvency Code in Greece and how does it affect Chalkis businesses?

The Insolvency Code, Law 4738/2020, reorganizes debt settlements and restructuring options. It enables preventive restructurings, out-of-court settlements, and formal plans for viable businesses. Local courts in Chalkis apply these rules to protect creditors and support debtor rehabilitation.

How do I start a pre-insolvency or restructuring process in Chalkis?

Begin with a formal assessment by a qualified insolvency lawyer. The process typically starts with a provisional protection request and a review of cash flow, assets, and debts. A local attorney guides filings and creditor communications.

What debts qualify for inclusion in a Greek restructuring plan under Law 4738/2020?

Qualifying debts typically include secured and unsecured corporate liabilities, payroll obligations, supplier credits, and certain tax debts. The plan must demonstrate viability and equity among creditor classes.

How long does a typical restructuring or insolvency procedure take in Greece?

Simple out-of-court settlements can conclude in weeks, while formal restructurings or liquidations may extend to several months. Timing depends on debtor cooperation, creditor responses, and court schedules in Chalkis.

Do I need a local Chalkis lawyer to file for insolvency?

Having a local lawyer is highly advantageous due to court practices and local creditor networks. A Chalkis attorney can coordinate with the local judges and help prepare country-specific documentation.

How much does hiring a restructuring lawyer in Chalkis usually cost?

Legal fees vary with complexity, but you should expect a retainer for initial consultations plus hourly rates or fixed fees for defined tasks. Request a written engagement letter outlining scope and costs.

How does the Chalkis court handle creditor meetings and votes in restructuring?

Creditors typically participate in hearings and meetings organized by the court. Decisions on plans require established majorities, subject to statutory classifications and protections for vulnerable creditors.

What is the difference between an out-of-court settlement and a formal restructuring plan in Greece?

Out-of-court settlements are negotiated agreements without court approval. A formal restructuring plan is submitted to the court and, if approved, binds all creditors under specific terms.

Can foreign creditors participate in a Chalkis restructuring?

Yes, foreign creditors may participate if their claims are recognized under Greek law and EU cross-border insolvency rules. Counsel can coordinate with international counterparts.

How does cross-border insolvency work for a Chalkis company with overseas assets?

Cross-border procedures rely on EU regulations and Greek law to recognize foreign proceedings and coordinate asset distribution. Local counsel coordinates with foreign representatives and authorities.

Do I qualify for a second chance or discharge under Greek law?

Second-chance provisions apply to individuals under specific conditions, allowing discharge of certain debts after compliance with rehabilitation steps. Qualification depends on income, assets, and behavior during proceedings.

What steps ensure a successful creditor's committee in Chalkis?

Establish clear governance, maintain open communication with creditors, and present a credible restructuring plan. The committee monitors compliance and informs the court of material changes.

5. Additional Resources

Leverage official sources for authoritative guidance on restructuring and insolvency in Greece. The following resources provide government-supported information and statutory context:

  • Gov.gr - Official portal for Greek laws and administrative information, including the Insolvency Code and related procedures. https://www.gov.gr
  • Ministry of Justice - National authority overseeing insolvency enforcement, court procedures, and professional standards for lawyers involved in restructuring matters. https://www.ministryofjustice.gr
  • ELSTAT - Hellenic Statistical Authority for official insolvency and economic indicators relevant to restructuring trends. https://www.statistics.gr

6. Next Steps

  1. Clarify your objective: preserve the business, reduce debt, or liquidate assets. Write a one-page summary to share with a Chalkis insolvency lawyer.
  2. Assemble documents: last two years of financial statements, debt schedules, creditor contact details, and any existing restructuring proposals.
  3. Identify Chalkis-competent lawyers: prioritize those with experience in Law 4738/2020, credibility with local courts, and clear engagement terms.
  4. Schedule an initial consultation: bring your summary, documents, and questions about costs, timing, and expected outcomes.
  5. Request a strategy plan: obtain a proposed timeline, protection options, and a draft restructuring or settlement outline.
  6. Engage counsel and begin filings: sign a formal engagement, file initial petitions as advised, and maintain organized creditor communications.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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