Principle

Improper Support consists for a creditor, and notably for a bank, in supporting financially a company finding itself in an irreversibly compromised situation.

To avoid creditors renouncing to support companies in difficulty by fear of legal action against Improper Support, the July 26th 2007 French bill on companies’ safety has limited creditors’ responsibility to only three cases: fraud, interfering with the debtor’s management and unreasonable warranties.

We analyse the reality of these situations.

Applicability

 Analysis report to a creditor before financing a company in difficulty,
 Assistance to creditors in case of litigation,
 Assessment of responsibilities,
 Assessment of the cause of failure.

Method

All analysis is carried out after having collected all necessary data such as minutes of meetings, accounting documents, etc…) in order to compile a documented report.

We attach the utmost importance to the analysis of the economic and financial contexts in which the litigation takes place.

Résultats

 Drawing up a financial memo endorsing the legal argumentation of the claimants,
 Appropriate response to the arguments sustained by the adverse party,
 Assistance and counselling to either the company, the Administrator, the creditors and/or the liquidators during all judicial proceedings