Best Restructuring & Insolvency Lawyers in Rethymno
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Greece Restructuring & Insolvency Legal Questions answered by Lawyers
Browse our 3 legal questions about Restructuring & Insolvency in Greece and read the lawyer answers, or ask your own questions for free.
- Can I suspend an upcoming electronic auction of my primary residence by applying to the out-of-court workout mechanism in Greece?
- My primary home in Thessaloniki has been scheduled for an online bank auction next month due to accumulated mortgage and tax debts. I recently submitted an application to the special electronic debt settlement platform to negotiate a restructuring plan. Does submitting this application automatically stop the auction proceeding, or do... Read more →
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Lawyer answer by Tzoumaili Legal Services
Submitting an application to the Greek out-of-court debt settlement mechanism does not necessarily suspend an already scheduled auction. Under the current legal framework, although the final submission of an application may temporarily suspend certain enforcement measures, this protection does not...
Read full answer - Can my small business in Greece use the out-of-court workout mechanism to restructure bank loans and tax debts?
- Our family-owned hotel business in Crete is facing major cash flow issues and we have fallen behind on bank loans and tax authority payments. We heard about the electronic out-of-court debt restructuring platform in Greece but are unsure if our business qualifies or if creditors can force liquidation while we... Read more →
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Lawyer answer by Tzoumaili Legal Services
Μια μικρή ή οικογενειακή ξενοδοχειακή επιχείρηση στην Ελλάδα μπορεί, υπό προϋποθέσεις, να υπαχθεί στον Εξωδικαστικό Μηχανισμό Ρύθμισης Οφειλών του Ν. 4738/2020, προκειμένου να ρυθμίσει συνολικά οφειλές προς τράπεζες ή εταιρείες διαχείρισης απαιτήσεων (servicers), την ΑΑΔΕ και τους ασφαλιστικούς φορείς. Μέσω...
Read full answer - Can Greek banks seize my primary residence if I apply for the extrajudicial debt settlement mechanism?
- My small family business in [location removed] is facing severe liquidity issues and I am struggling to pay my business loans. I want to apply for the Greek Extrajudicial Debt Settlement mechanism to restructure my debts. However, I am terrified that the banks will foreclose on my primary residence while... Read more →
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Lawyer answer by Tzoumaili Legal Services
Η υποβολή αιτησης στον Εξωδικαστικό Μηχανίσμό δεν σημαίνει αυτομάτως ότι η κύρια κατοικία προστατεύεται από κάθε μέτρο αναγκαστικής εκτέλεσης. Η προστασία εξαρτάται από το στάδιο διαδικα;σίας, τις ενέργειες των πιστωτών και τα ιδιαίτερα χαρακτηριστικά της καθε υπόθεσης.
Read full answer
Greece Restructuring & Insolvency Legal Articles
Browse our 3 legal articles about Restructuring & Insolvency in Greece with practical legal information.
- How to Use the Greek Out-of-Court Workout for Business
- The Out-of-Court Workout (OCW) is a purely digital process conducted through a specialized platform to settle debts with banks, the State, and social security funds. Successful applications grant a 90-day suspension of enforcement measures, including asset seizures and property auctions. Debt repayment can be extended up to 240 installments for... Read more →
- Settle Debt with the Greek Out-of-Court Workout Mechanism
- The Out-of-Court Workout (OCW) is a digital platform designed to restructure debts exceeding €10,000 owed to the Greek State, social security funds, and financial institutions. Eligible businesses can secure up to 240 monthly installments for debts to the State and up to 420 installments for debts to banks and systemic... Read more →
- Protect Greek Subsidiary Assets in Cross-Border Insolvency
- Protecting Greek Subsidiary Assets in Cross-Border Insolvency When an international parent company faces financial distress, its foreign subsidiaries are immediately placed in the line of fire. In Greece, managing the restructuring of a local subsidiary requires a highly coordinated strategy to navigate a rigid regulatory environment. Failing to act quickly... Read more →
When financial distress in Rethymno calls for legal advice
In Rethymno, insolvency and restructuring law can affect tourism businesses facing seasonal cash-flow gaps, as well as year-round companies, farmers, sole traders and individuals with unmanageable debt. The available routes may include an out-of-court debt settlement, a court-supervised restructuring or bankruptcy under Greek law.
The right option depends on the debtor’s financial position, the types of debts involved and whether the business can remain viable. A lawyer can assess deadlines, creditor action and the consequences of each route before you commit to a proposal or court filing.
Situations where a lawyer can make a practical difference
A hotel, restaurant or other tourism business has revenue concentrated in the summer but must meet year-round loan, rent, supplier, tax or payroll obligations.
A local company has fallen behind on payments to AADE or e-EFKA and needs to understand whether a settlement proposal is realistic alongside private debts.
A creditor has started enforcement against business assets, a property or a guarantor, and you need advice on available responses and urgent deadlines.
A small business owner is considering the out-of-court mechanism but has several creditors, disputed balances or secured loans that complicate a viable proposal.
A company’s owners disagree about a restructuring, continued trading or insolvency filing, and need advice on their duties and the company’s decision-making process.
An individual or sole trader cannot meet debts as they fall due and needs to compare a settlement route with bankruptcy and the statutory possibility of a fresh start.
Greek laws relevant to insolvency and restructuring
Law 4738/2020, known as the Debt Settlement and Second Chance Law, provides the main framework for preventive restructuring, the out-of-court debt settlement mechanism, bankruptcy and discharge. It was published in 2020, and its provisions came into force principally on 1 January 2021. Later amendments have changed parts of the framework, so current eligibility and procedure should be checked before filing.
Law 4548/2018 governs société anonyme companies, including their corporate bodies and decision-making. It took effect on 1 January 2019 and may matter when such a company considers restructuring, approving a proposal or addressing directors’ responsibilities. It does not replace the insolvency procedures in Law 4738/2020.
Greek insolvency procedures apply in Rethymno, but the competent court and procedural steps depend on the debtor and the case. A lawyer can confirm the applicable court and filing route based on the debtor’s registered office or centre of main interests.
Frequently asked questions
What does insolvency mean under Greek law?
In broad terms, insolvency concerns a debtor’s inability to meet financial obligations as they fall due, subject to the statutory tests and procedure. A lawyer should assess the facts and the debtor’s legal form before recommending a specific route.
Can a Rethymno business try to restructure before bankruptcy?
Yes, Greek law provides restructuring and out-of-court settlement routes that may allow eligible debtors to address debts without first entering bankruptcy. Availability depends on the debtor’s circumstances, the debts and the applicable statutory conditions.
Who can use the out-of-court debt settlement mechanism?
The mechanism is governed by Law 4738/2020 and has eligibility rules for debtors and debts. The rules and any exclusions should be checked against the current law and the applicant’s full financial position before applying.
Can an individual apply, or is the process only for companies?
Individuals may have options under Greek insolvency law, as well as companies and other eligible debtors. The appropriate procedure depends on the person’s debts, assets, income and legal circumstances.
What is the difference between an out-of-court settlement and bankruptcy?
An out-of-court settlement seeks an agreement on eligible debts through the statutory mechanism, while bankruptcy is a formal insolvency procedure with separate legal consequences. A lawyer can compare the options, including their effects on assets, creditors and any potential discharge.
Can tax and social security debts be included in a restructuring?
Tax and social security debts may be relevant to a statutory settlement, but their treatment depends on the route and current legal rules. Check balances with AADE and e-EFKA and have a lawyer review how those debts interact with loans and other claims.
How long does a restructuring or bankruptcy process take?
There is no single reliable timetable for every case. Timing can depend on the route, completeness of documents, creditor responses, disputes and court workload.
What does it cost to hire an insolvency lawyer in Rethymno?
Fees vary with the complexity of the debts, the number of creditors and whether negotiations, platform applications or court proceedings are required. Ask for a written engagement proposal explaining the work covered, billing basis and any likely additional costs.
Can a creditor still take enforcement action while a proposal is being prepared?
Do not assume that preparing or submitting a proposal automatically stops every enforcement step. Ask a lawyer promptly whether any statutory protection applies to your specific procedure and whether urgent action is needed.
Will a restructuring let a Rethymno business keep trading?
Continuing to trade may be possible in some cases, but it depends on the business’s financial position and the procedure chosen. Seasonal income, current operating costs and the ability to meet ongoing obligations are important factors to review.
Where would a court case be handled?
The competent court depends on the debtor and the applicable jurisdiction rules, including the relevant registered office or centre of main interests. A Rethymno connection alone does not establish which court must hear the case.
Official resources in Rethymno and Greece
Rethymno Bar Association: An official professional body for lawyers in the area. It can provide information about the local legal profession and ways to verify a lawyer’s professional standing.
Independent Authority for Public Revenue (AADE): The national tax authority. Use its services to check tax liabilities and relevant tax records.
e-EFKA: Greece’s social security institution. Its services can help debtors check social security contribution liabilities and related records.
Steps to find and hire the right lawyer
Act promptly. If you have received an enforcement notice, court document or creditor deadline, contact a lawyer as soon as possible, ideally within a few days.
Gather a financial snapshot. Within the next few days, collect loan agreements, creditor notices, tax and social security statements, recent accounts, asset details and any guarantees.
Identify lawyers who handle insolvency matters. Ask the Rethymno Bar Association about checking professional standing, then confirm directly that the lawyer handles business or personal insolvency cases.
Arrange an initial consultation. Explain the debtor’s legal form, location, creditor mix and any urgent action. Ask which procedures may apply and what information is still needed to assess eligibility.
Compare proposed approaches and fees. Before instructing a lawyer, request a written scope of work, fee basis, expected expenses and an explanation of key risks and alternative routes.
Agree on immediate priorities. Once instructed, ask the lawyer to identify deadlines, creditor communications and documents to secure, then set a timetable for deciding whether to negotiate, apply through a statutory mechanism or seek court relief.
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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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