Best Restructuring & Insolvency Lawyers in Corfu

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Law Corfu SBL
Corfu, Greece

Founded in 1989
English
Law Corfu SBL, established in 1989 by Angelos Spingos, has evolved into a prominent law firm in North West Greece. The firm expanded with the addition of attorneys Betty Bogdanou and Nancy Lychnou, forming a dynamic team that serves both individual clients and large business groups. Their...
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About Restructuring & Insolvency Law in Corfu, Greece

Restructuring & Insolvency law deals with legal processes for businesses or individuals facing financial distress. In Corfu, Greece, these laws help provide mechanisms for debt resolution, company restructuring, or, if necessary, orderly winding up of insolvent entities. The legislation aims to balance the rights of creditors with the need for businesses and individuals to make a fresh start. Restructuring processes can offer opportunities for recovery, while insolvency proceedings prioritize the fair distribution of assets among creditors according to established legal rules.

Why You May Need a Lawyer

Many people may encounter complex financial situations that require expert legal assistance, including:

  • Individuals or businesses unable to meet their debt obligations
  • Creditors seeking to recover monies owed by struggling entities
  • Entrepreneurs wishing to restructure their business to avoid insolvency
  • Stakeholders navigating the filing of bankruptcy or insolvency claims
  • Foreign investors dealing with cross-border insolvency issues in Corfu
  • Parties involved in negotiating settlements or out-of-court arrangements

A lawyer can assist in assessing your financial and legal options, ensure proper compliance with local laws, provide representation in court, and help achieve the most favorable outcome under difficult circumstances.

Local Laws Overview

In Greece, insolvency and restructuring laws are governed primarily by the Greek Bankruptcy Code, as recently updated in line with European Union directives. Corfu, part of the Greek legal jurisdiction, applies these national laws alongside specific local procedures relevant to the Ionian Islands. Key aspects include:

  • Preventive Restructuring Procedures: Mechanisms that allow debtors to restructure debts with creditor approval before bankruptcy becomes inevitable.
  • Bankruptcy Proceedings (Ptochese): Initiated when a debtor cannot meet payment obligations, allowing for asset liquidation to repay creditors. Both voluntary and involuntary filings are possible.
  • Debt Settlement Procedures (Exodikastikos Mechanismos): Extrajudicial settlement schemes, widely used for individuals and small businesses, allowing negotiation with creditors.
  • Role of the Court: The Court of First Instance in Corfu handles bankruptcy applications and disputes, overseeing the fair application of insolvency laws.
  • Creditor Protection: Creditors must file claims and may participate in creditors' committees, influencing the restructuring or liquidation process.
  • Directives on Cross-border Cases: For international matters, Greek laws incorporate European Union regulations relating to cross-border insolvency and recognition of foreign proceedings.

Frequently Asked Questions

What is the difference between restructuring and insolvency?

Restructuring refers to legal processes aimed at reorganizing a company or individual’s debts to allow continued operations and avoid insolvency. Insolvency is the formal state where a person or business cannot pay debts as they fall due, often leading to bankruptcy and asset liquidation.

Who can file for insolvency in Corfu, Greece?

Both individuals and legal entities such as companies can file for insolvency if they are unable to meet their financial obligations. Creditors also have the right to initiate bankruptcy proceedings if a debtor is proven insolvent.

What is the role of the court in insolvency proceedings?

The Court of First Instance in Corfu oversees all court-based insolvency cases. It is responsible for legitimizing filings, appointing administrators, and supervising the distribution of assets.

Which debts cannot be discharged in bankruptcy?

Certain debts such as fines, taxes, and obligations arising from fraud may not be discharged in bankruptcy proceedings under Greek law.

How long does the insolvency process take in Corfu?

The duration varies. A simple debt settlement might resolve in months, while complex bankruptcies involving multiple creditors or significant assets can last several years.

Can I continue running my business after filing for insolvency?

Depending on the stage and type of insolvency, business operations may be supervised or restricted. Restructuring proceedings may allow continued management, while bankruptcies typically involve the transfer of control to an appointed administrator.

Are there alternatives to insolvency proceedings in Greece?

Yes, alternatives include out-of-court settlements, preventive restructuring, and the use of the extrajudicial debt settlement mechanism to negotiate directly with creditors before entering formal insolvency.

How are creditors ranked in insolvency proceedings?

Greek law establishes a ranking system for creditors. Secured creditors, such as mortgage holders, are paid first, followed by employees, the state, unsecured creditors, and shareholders last.

Can foreign creditors participate in Corfu insolvency cases?

Yes, foreign creditors have the right to participate and file claims. European Union regulations ensure cross-border recognition and fair treatment of foreign interests.

Is professional legal representation required in insolvency matters?

While not always mandatory, navigating restructuring or insolvency processes without a skilled lawyer can be risky. Legal guidance ensures compliance, protects your rights, and increases the likelihood of a favorable outcome.

Additional Resources

If you wish to learn more or need support, these resources can be valuable:

  • Chamber of Commerce and Industry of Corfu - Provides business support and information about local regulations
  • Greek Ministry of Justice - Offers official information on insolvency and bankruptcy regulations
  • Greek Ombudsman - Provides mediation and assistance for disputes
  • Local law firms specializing in restructuring and insolvency
  • Legal Aid Services at the Corfu Courts for eligible individuals
  • Greek Bar Association - Lists accredited lawyers in Corfu

Next Steps

If you are facing financial challenges in Corfu and considering restructuring or insolvency:

  • Gather all relevant financial documents, such as contracts, statements, and debt records.
  • List your creditors and outstanding obligations.
  • Consider your goals: Do you want to restructure and save your business or need help with an orderly winding up?
  • Contact a local lawyer or law firm with experience in restructuring and insolvency.
  • Arrange a consultation to discuss your situation, possible solutions, and the next steps.
  • Follow legal and professional advice carefully to avoid unnecessary complications.

Taking early action and seeking expert legal guidance can often provide more options and better outcomes for both individuals and businesses.

Lawzana helps you find the best lawyers and law firms in Corfu through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Restructuring & Insolvency, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Corfu, Greece - quickly, securely, and without unnecessary hassle.

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. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.