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special situations

Schoenherr's experts provide legal advice on all special situations, and debt restructuring matters.

"experienced, thorough lawyers who work fast and effectively"



Special Situations is a dedicated multidisciplinary & multijurisdictional practice team drawing upon lawyers from various Schoenherr practice groups in the areas of banking & finance, restructuring & insolvency, private equity & venture capital, corporate/mergers & acquisitions and real estate. Where necessary the team is supported by specialists from other areas such as litigation & dispute resolution, tax, regulatory and compliance.

Debt restructuring, recapitalisations, distressed transactions and NPL-deals - no matter what crisis or special situation, we have a team of experienced lawyers to guide you right through.

The Special Situations team advises a broad range of clients, including commercial and investment banks and other financial institutions, asset managers, private equity, venture capital, hedge, debt and distressed funds, ad hoc groups of creditors, agents to syndicates, trustees, insolvency practitioners, sponsors, potential investors and sellers of performing and non-performing assets and portfolios.

our services

  • acquisition and disposition of performing and non-performing assets and portfolios
  • contingency planning for both lenders and debtors, incl. financial difficulties and turnaround management
  • debt restructuring, incl. syndicated lending and bonds restructuring
  • distressed asset management
  • distressed equity and debt investment, including distressed/emergency financing
  • enforcement/exit strategies for distressed debt investors
  • high-yield debt trading
  • refinancing and recapitalisation, incl. debt buybacks, debt-for-debt and debt-for-equity swaps
  • risk-assessment and risk-management for stakeholders in distressed situations
  • structuring of distressed transactions and investment for buy/investment-side or sell-side, including addressing potential clawback risks and other risks under insolvency law


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New preventive restructuring framework finally arrived in the Czech Republic

After a delay of more than a year, an Act on Preventive Restructuring (the "Act") implementing the EU directive on preventive restructuring frameworks finally became effective in the Czech Republic on 23 September 2023. The long-awaited Act introduced a brand-new legal tool enabling viable enterprises in temporary financial distress to achieve restructuring outside insolvency proceedings. It is a voluntary and flexible process requiring cooperation with creditors, but not necessarily with all of them.


Share purchase rights in Austrian insolvency proceedings

Shareholders of Austrian limited liability companies ("GmbH") often stipulate the right to purchase the shares of co-shareholders in certain events. These "share purchase rights" (Aufgriffsrechte) entitle the remaining shareholders to acquire the share of a shareholder when a contractually defined event (Aufgriffsfälle), like insolvency or the death of a shareholder, occurs. Often these rights are laid down in articles of association or a separate shareholders' agreement (Syndikatsvertrag). They are generally qualified as option rights.


CZ: Schoenherr Journal Edition 15

The Schoenherr Journal, published by Schoenherr's Prague office, examines the latest important legal developments in the Czech Republic.





info corner

restructuring directive info corner

Visit our restructuring directive info corner to get regular updates on the implementation of the Restructuring Directive in the CEE region.





our team

The team of experienced experts provides legal advice in special situations, across CEE.

meet the team