Best Restructuring & Insolvency Lawyers in Moschato

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.


Founded in 2006
2 people in their team
English
Katerina Zarkadoula operates a boutique law office based in Moschato, Athens, providing litigation and advisory services across civil, family and property law. She was admitted to the Athens Bar in 2005 and began practising independently in 2006, progressing to appellate-level practice in 2011 and...
AS SEEN ON

About Restructuring & Insolvency Law in Moschato, Greece

Restructuring and insolvency law in Moschato follows the national legal framework of Greece while practical case handling takes place in the local courts and commercial registries that serve the Piraeus-Attica area. Moschato is a suburb of Athens in the Piraeus judicial district, so businesses and individuals in Moschato normally work with lawyers who appear before the competent courts and administrative bodies in Piraeus and greater Athens. The goal of restructuring and insolvency law is to provide mechanisms for financially distressed debtors to reorganize, reach out-of-court workouts with creditors, or, where reorganization is not feasible, to implement an orderly liquidation and distribution of assets. Greek law has specific procedures for natural persons with over-indebtedness, for commercial enterprises, and for cross-border cases that involve EU rules.

Why You May Need a Lawyer

Restructuring and insolvency matters involve complex procedural steps, strict deadlines, and interactions with multiple stakeholders - banks, tax authorities, social security agencies, employees, and other creditors. You may need a lawyer if you face any of the following situations: you run a company that cannot meet payroll or loan payments; you are a sole trader or consumer overwhelmed by personal debt; creditors have started enforcement actions such as seizures or foreclosures; you are negotiating with secured creditors or bondholders; you need to file for court-supervised reorganization or liquidation; you are a director facing potential personal liability or creditor litigation; or you have cross-border assets or creditors that raise jurisdictional questions. A local lawyer helps you evaluate options, prepare filings, represent you at hearings, structure creditor negotiations, and ensure compliance with Greek procedural and substantive rules.

Local Laws Overview

Key aspects of the legal framework that are relevant in Moschato include the following elements - the national insolvency rules provide several distinct paths depending on the debtor type and goal. Out-of-court restructuring and negotiated workouts are commonly used for businesses seeking to avoid court processes. For individuals, there are special debt-relief procedures that aim to balance creditor claims with basic living needs. Court-supervised reorganizations allow a debtor to propose a plan to creditors under judicial oversight - successful plans may bind classes of creditors if approved. If reorganization is not viable, bankruptcy or liquidation procedures ensure asset realization and distribution in priority order.

Secured creditors have stronger enforcement rights, but certain measures can temporarily constrain enforcement to facilitate an agreed restructuring. Public creditors - such as tax authorities and social security funds - have specific priorities and often require separate negotiation or formal recognition in restructuring plans. Directors and officers face rules on duties and potential liability for wrongful trading or preferential payments if they continued trading when insolvency was inevitable.

Cross-border insolvencies are governed by EU insolvency rules and national implementing measures, so matters involving assets or creditors in other EU states require careful planning about jurisdiction, recognition, and concurrent proceedings. Litigation and insolvency proceedings are handled by the local courts that have competence in Piraeus and Athens, and many practitioners in the area specialize in commercial and insolvency litigation.

Frequently Asked Questions

What is the difference between restructuring and insolvency?

Restructuring refers to efforts to change the terms of obligations - for example, by rescheduling debt, reducing interest, or altering security - to restore the debtor to viability. Insolvency is the condition where a debtor cannot meet its obligations as they fall due or where liabilities exceed assets. Restructuring may be accomplished out-of-court or within formal insolvency proceedings; insolvency proceedings may lead to reorganization or liquidation.

When should I consult a restructuring or insolvency lawyer?

Consult a lawyer as soon as financial distress becomes apparent - before creditors sue or enforcement starts if possible. Early advice helps preserve options, avoid costly mistakes, and increases the chances of negotiating a viable restructuring. If seizures, foreclosures, or insolvency petitions are imminent or filed, seek immediate legal representation to protect your rights.

Can my business keep operating during restructuring or bankruptcy?

In many restructuring processes the business may continue to operate under supervision - this can be crucial to preserve value. Court-supervised reorganizations typically allow ongoing business operations with restrictions and oversight. In liquidation, operations usually wind down. Whether your business can operate depends on the chosen procedure, court orders, and agreements with key creditors.

How are employees treated in insolvency procedures?

Employee claims for wages and statutory benefits typically enjoy priority in insolvency distributions, and special rules protect employee entitlements. Termination of employment may still occur, but severance and unpaid wages are generally treated as privileged claims. Employers must follow prescribed consultation and notification procedures when restructuring affects employment.

What happens to secured creditors and collateral?

Secured creditors have priority over secured assets and can often enforce their security unless a court orders a stay to allow restructuring. Restructuring plans may propose treatment for secured creditors - for example, repayment schedules, haircuts, or takeover of assets - but any solution must respect the legal rights of secured creditors and applicable court supervision.

Can personal liability arise for company directors?

Yes. Directors can face liability for wrongful trading, fraudulent preferences, or failure to comply with statutory duties. If directors continue trading while the company is clearly insolvent, they may be exposed to claims from creditors or the state. Early legal advice helps directors understand obligations and avoid risky actions.

Are tax and social security debts treated differently?

Public claims - including taxes and social security contributions - often have special status and priority. They may not be fully dischargeable in the same way as private debts, and public creditors may require separate negotiations or special recognition in restructuring plans. It is important to involve tax and social security authorities early in any restructuring discussions.

How long does a restructuring or insolvency process take?

Timelines vary by procedure and case complexity. Out-of-court workouts can take weeks to months. Court-supervised reorganizations and insolvency proceedings often take several months to years, depending on asset complexity, creditor disputes, appeals, and the need to liquidate or realize complex assets. Expect an initial planning and negotiation phase followed by formal hearings if a court process is required.

What documents should I prepare before meeting a lawyer?

Gather recent financial statements, bank statements, tax filings, social security contribution records, loan agreements, security documents, creditor lists with contact details and claim amounts, employee lists, major contracts, company incorporation documents, and any court or enforcement notices. The more complete the information you provide, the faster and more accurate the legal assessment will be.

Can foreign creditors or assets affect a Moschato-based restructuring?

Yes. Cross-border elements can change jurisdiction, recognition, and enforcement. EU insolvency rules and international treaties may determine where proceedings should be opened and how foreign judgments are recognized. If your case involves foreign creditors or assets, notify your lawyer so they can address jurisdictional issues and coordinate with counsel in other jurisdictions if needed.

Additional Resources

Helpful public bodies and organizations to consult or research include - the local Courts and Commercial Registry serving Moschato and the Piraeus judicial district for filing information and case listings; the Ministry of Justice for policy and procedural information on insolvency law; the Independent Authority for Public Revenue for matters involving tax claims; the social security administration that handles employer contributions and employee entitlements; the Hellenic Bar Association and local bar associations for lists of qualified lawyers; chambers of commerce in Piraeus and Attica for business guidance and mediation services; and professional associations of insolvency administrators and auditors. For cross-border cases, EU insolvency instruments and guidance published by EU bodies are relevant. Law firms and accountants with local experience in Piraeus and Athens can provide tailored practical help.

Next Steps

If you need legal assistance in Moschato with restructuring or insolvency, follow these steps - first, assess the urgency and gather core financial documents listed above. Second, seek an initial consultation with a lawyer who specializes in restructuring and insolvency and who has experience in the Piraeus-Attica courts. Ask for a clear scope of work, an outline of possible options, an estimated timeline, and a written fee agreement. Third, consider immediate protective measures such as negotiating stays with key creditors or requesting interim measures from the court if enforcement actions are active. Fourth, if out-of-court negotiations are feasible, instruct your lawyer to open formal talks with principal creditors and to prepare a restructuring proposal. Fifth, if court proceedings are necessary, instruct your counsel to prepare the required petitions, documentation, and witness or expert evidence. Finally, maintain transparent communication with employees, key suppliers, and stakeholders while following your lawyer's guidance to reduce risks and preserve value.

This guide provides general information and does not replace personalized legal advice. For decisions that affect your legal rights, consult a qualified restructuring and insolvency lawyer who is licensed to practice in Greece and familiar with the Piraeus-Attica courts and local procedures.

Lawzana helps you find the best lawyers and law firms in Moschato 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 Moschato, 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.