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MOLITOR has a longstanding expertise in insolvency and restructuring which dates back from Lehmann Brothers and Madoff cases. Our team assists companies, financial institutions, investment funds and their directors as well as bankruptcy trustees or judicial liquidators in cross-border and domestic out-of-court and court restructurings, insolvencies and judicial liquidations of companies, financial institutions and investment funds.
One of our partners is regularly appointed as judicial liquidator and bankruptcy trustee by Luxembourg courts.
MOLITOR adopts a multi-disciplinary approach which can involve the corporate and M&A, litigation & dispute resolutions, real estate and employment practice groups.
MOLITOR advised the trustee in bankruptcy of a Singaporean entity that went bankrupt in Singapore. The trustee wished to bring proceedings against the Singapore Co’s owner, which was registered in Luxembourg, and in particular against one of the owner’s directors. It was claimed that the owner undertook to fund the Singapore Co and that it was on this basis that creditors lent funds to it at a time when it was not making any money. The owner subsequently declined to provide any equity to the Singapore Co which went bankrupt as a result.
MOLITOR advised and represented the judicial administrators of Spanish entities declared bankrupt. A loan had been granted by a pool of banks, secured by a pledge over shares worth 1.6 billion euro located in a Luxembourg bank account. Despite both clawback actions and conservatory measures being in progress, the pledgees took action to enforce the pledge in Luxembourg.