Bankruptcy

Overview

With key competencies in insolvency and bankruptcy, our team of experts can provide assistance in securing creditor rights, debt collection, and restructuring.

  • Creditor Rights

    Silk Legal has extensive experience both domestically and internationally in representing financial institutions, businesses and individuals through the difficult and often adversarial process of creditor rights, distressed debt resolution and problem loan recovery.

    The breadth and depth of our experience allows us to successfully represent a variety of clients, such as: institutional lenders, secured and unsecured creditors, bondholders, landlords and tenants, US Chapter 11 creditors’ committees, bankruptcy trustees, bankruptcy administrators, distressed companies and debtors-in-possession, directors and shareholders of distressed companies.

    The Thailand courts operate in a manner that most foreign lawyers will not be familiar with.  The nuances of representing creditors rights only comes with extensive knowledge and experience of the system and process.  Silk Legal is well positioned to represent and seek favorable outcomes for our clients.

    Our professionals are well versed in the in and out of court mechanisms to protect creditors rights.  In fact, our Managing Partner’s doctoral thesis studied the protection of foreign creditors rights (albeit in China) where many of the same principles apply.

  • Cross-Border Restructuring

    Silk Legal has exceptional capabilities in cases of cross border restructuring, especially within the context of global bankruptcies under US Chapter 11 proceedings.  Silk Legal especially stands out within the region as we employee Foreign Legal Consultants that have extensive bankruptcy experience in a variety of jurisdictions such as the USA, Canada, Australia and the UK.  We understand the intricacies of cross border restructuring and the unique challenges that the Thai legal systems pose from time to time.  Our team’s experiences in Thailand go back to the 1997 Asian Financial Crisis where our people were able to solve some of the most complex cross border issues with failing companies and non-performing loans for multi-jurisdictional domestic and foreign insolvency proceedings and out-of-court workouts.

    Our team has represented both sides of the restructuring equation representing both creditors and companies alike in a variety of roles including that of a Planner, which is a person that is appointed by the Thai Courts to work out the company internally.

    We can also bring cross-border expertise in other specialized areas of business law that are critical to optimal cross-border structuring, such as tax, public markets, private and public debt financing, and derivatives.

    Our professionals are active members of various professional organizations including the International Insolvency Institute, American Bar Association (Bankruptcy Committee) and the Asia Transformation & Turnaround Association.

  • Debt Collection

    At Silk Legal, we understand that defaulted debt is still the most common cause of insolvency and liquidity issues for companies across every industry and of every size.

    Debt collection and debt recovery solutions are often among the most intensive and expensive endeavors your company will face. The team at Silk Legal understand this and can place an experienced debt collection team in place to clear your slow payers, difficult collections and problem accounts.

    We are skilled at assisting clients at: creating beneficial out-of-court settlements, communicating with your delinquent account holders, understanding and complying with the laws where you are and where your debtor is, dealing with international debtors in multiple locations and currencies, consolidating debts when necessary, creating a cost-effective debt recovery system for your business and providing legal counsel for litigation in both the client and the debtor’s country.

    Because we can cover every major region of the globe with our legal network of independent firms, Silk Legal is in the position to deliver efficient solutions to every debt recovery matter. No matter what unique situation your business is facing with delinquent debtors, we can assist.

    Silk Legal aims to recover debt via respectful communication with defaulted account holders. We aim to, not only recover debt on behalf of clients, but also to preserve their professional relationships with clients and former clients. Let Silk Legal advise you on ethical and professional international debt collection and recovery procedures.

  • Distressed M&A

    You see the hidden value in distressed assets, and it is our job to help you realize that value. Silk Legal regularly represent debtors and potential acquirers in asset sales and transactions across all types of businesses. We represent all the key participants in corporate restructuring transactions, including: hedge funds, private equity firms, investors, financially distressed companies, boards of directors seeking to improve performance or maximize value, creditors’ committees and financial advisors.

    A significant part of our practice involves representing investment funds, acquisitions, dispositions of businesses, and resolving distressed M&A issues, whether on a negotiated, hostile, opportunistic or competitive basis. We regularly advise on domestic and cross-border mergers, acquisitions and divestitures involving both public and private entities, including restructurings, management and leveraged buyouts, going private transactions, acquisitions and dispositions of assets, stock sales and exchanges, roll-ups, acquisitions and dispositions of partnership interests, joint ventures, tender offers, recapitalizations and similar transactions.

    We are experienced in all types of private equity transactions, ranging from complex buyouts involving multi-tiered capital structures to minority investments that must effectively address difficult governance and liquidity issues.  We also regularly advise clients on relevant regulatory and judicial developments in areas such as tax, corporate governance and securities laws as they affect the mergers and acquisitions process.

  • Restructuring

    Silk Legal can assist debtors, creditors and other stakeholders in complex restructuring schemes and negotiations both in and out of court settlements. We are experts in cross border insolvencies, specifically US Chapter 11 cases, and a host of other specific laws involving financially-distressed corporate entities.

    When dealing with restructuring, we can step in to negotiate with creditors on consolidation of debts, bonds and securities, mediate on employer and employee issues, protect intellectual property, assess tax liability and safeguard director liabilities.

    Our experience in restructuring and deal making enables us to offer simple and sound advice not just to those facing imminent insolvency but also to those wishing to take proactive measures to capitalize on opportunities. Acting either for insolvency practitioners, lawyers or businesses involved in the insolvency process, our key strength is our ability to leverage our deep ties across the region to understand the complexities of multijurisdictional restructurings and provide our clients with effective solutions.

    Silk Legal works with various restructuring professionals across the region including numerous law firms, accountants, liquidators, administrators and other restructuring professionals. Our ability to address complex issues facing our clients and provide innovative solutions is what we pride ourselves on.

    Our professionals are active members of various professional organizations including the International Insolvency Institute, American Bar Association (Bankruptcy Committee) and Asia Transformation & Turnaround Association.