Demo Article 25 - Corporate Advisory Update

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Background

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Developing the Plan

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What Makes it so Complex

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• the debtor’s liquidation under bankruptcy proceedings; or
• the implementation of an alternative scenario outside the restructuring process.

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Scope of the Plan

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Affected and Unaffected Creditors

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What to Restructure

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Ghosts of the Past

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Creditors Push Back

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Financial Model

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Restructuring Terms

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Change of Creditor Status

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Unclear Procedure for Recognizing Affected Creditor Status

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Recommendations for Regulation

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Specifically:

• Require the excluded creditor to first submit a relevant request to the debtor or the preventive restructuring administrator;
• Set a deadline for its consideration (e.g., 5 business days);
• Grant the right to appeal to the court only if such a request remains unanswered or is denied;
• Authorize the court to order the debtor or administrator to amend the restructuring plan or to recognize the relevant creditor as affected.

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Appointment of Administrator

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Instead of Conclusions

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