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Home > Practices > Restructuring/Insolvency

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Nagashima Ohno & Tsunematsu, as trustee, legal advisor to distressed companies, and in other capacities, has been involved with several bankruptcies, corporate reorganizations, and civil rehabilitation proceedings. We also have extensive experience in out-of-court workouts, and we assist companies that are experiencing financial difficulty in every phase, from the planning of restructuring schemes through the implementing of such schemes. Further, we provide prompt and expert legal service in the areas of restructuring and insolvency of failing companies and companies experiencing financial difficulty, not only to the distressed companies themselves but also to various interested parties, such as creditors, sponsors, parent companies, investors and business partners. In particular, we provide high-quality legal service in a timely manner to assist our clients in all circumstances they encounter with respect to restructuring or insolvency, through strategically assembling and coordinating teams of lawyers specializing in not only M&A and finance but also tax, intellectual property, real estate/J-REIT, antitrust and competition law and labor law.

Our practice in the area of restructuring and insolvency includes filing of petitions for and responding to legal insolvency proceedings, i.e., civil rehabilitation, corporate reorganization, bankruptcy, special liquidation, etc., and providing services related to private arrangements. However, we are not limited to traditional legal services. We also provide strategic and practical advice to various interested parties. Our experience includes advising a public revitalization assistance organization and other interested parties on recent DIP type corporate reorganizations, business revitalization ADR proceedings, and restructuring cases in which a public revitalization assistance organization is involved.

In addition, we provide comprehensive advice on corporate strategies for companies experiencing financial difficulty to assist them in revitalizing their businesses without initiating insolvency proceedings, from planning to execution. For example, we have abundant experience in crafting and have gained recognition for our M&A strategies for restructuring. We provide comprehensive legal services, from planning the best transaction structure through execution of such transaction, utilizing the most updated knowledge of M&A, and taking into consideration the specific interests of various parties involved. In addition, we have assisted in the restructuring of many companies through the use of latest financial techniques and know-how, i.e., DIP finance, ABL (asset based lending), DES (debt-equity swap), DDS (debt-debt swap), DPO (discounted pay off), etc., from a financial point of view.


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