La perte de chance ou la question des aléas, par Maurice NUSSENBAUM, paru dans Contrat Concurrence Consommation (Les revues de…
An irremediably compromised situation remains, however, a jurisprudential concept. It must, therefore, be judged on the basis of a large body of evidence.
Our scope of intervention is based on the analysis of the underlying reality of the situations:
- Diagnose the financial sustainability of the company before initiating insolvency proceedings
- Assist creditor representatives, administrators, or liquidators
- Furnish an analysis of responsibilities
- Analyze the causes of default
Our approach for determining an irremediably compromised situation takes into account the following elements:
- An accounting dimension when analyzing a company’s financial statements
- A financial dimension when analyzing the cyclicality of cash inflows and outflows
- An economic dimension when analyzing the adaptability of a company’s offer to market demand, and the structural change in the competitive environment
- Upon request, write a report describing a company’s current situation and its potentially irremediably compromised situation
- Prepare response to opposing counsel arguments
- Assist the client during judicial proceedings: court procedures, financial expertise, etc.