oceneni 2016
oceneni 2015
oceneni 2015

PRÁVNICKOU FIRMOU ROKU 2016 JE ADVOKÁTNÍ KANCELÁŘ ŽIŽLAVSKÝ

Praha, 7. listopadu 2016 - Advokátní kancelář ŽIŽLAVSKÝ zvítězila v žebříčku „Právnická firma roku 2016 v kategorii Restrukturalizace a insolvence". Navázala tak na své loňské vítězství. Umístění dalších firem naleznete zde

pravnicka firma roku 2016

Soutěž vyhlásila již podeváté společnost EPRAVO.CZ. Záštitu tradičně převzali Ministr spravedlnosti České republiky a Česká advokátní komora.

„Naše opětovné vítězství vnímáme jako ocenění toho, že se nám reálně daří řešit úpadek korporací.“, říká k tomu JUDr. Michal Žižlavský, vedoucí partner kanceláře. „Uvědomujeme si, že konstruktivní řešení jsou stále důležitější pro věřitele, fungování ekonomiky a životní úroveň nás všech.“, dodal.

Mezi aktuální významné projekty kanceláře patří:

  • insolvenční řízení OKD, kde zastupuje největšího obchodního věřitele, skupinu AWT s pohledávkami v řádu sta milionů korun, působí ve věřitelském výboru a podporuje udržení provozu podniku dlužníka
  • insolvenční řízení VÍTKOVICE POWER ENGINEERING, kde zastupuje státní exportní pojišťovnu EGAP při soudním uplatnění pohledávky v řádu miliard korun ve prospěch České republiky.
  • insolvenční řízení JOB AIR, kde zastupovala Českou exportní banku při uplatnění pohledávek v řádu sta milionů korun, vykonávala funkci předsedy věřitelského výboru a úspěšně dokončila prodejní proces
  • soudní restrukturalizace mnoha podniků v insolvenci - aktuální podíl kanceláře na tuzemských reorganizacích přesahuje třicet procent

Advokátní kancelář ŽIŽLAVSKÝ působí na českém trhu více než čtvrt století. Zaměřuje se na soudní proces a insolvenci a restrukturalizaci korporací. Advokáti kanceláře získali jako první v republice zvláštní povolení pro řešení úpadku velkých korporací a finančních institucí a působí jako insolvenční správci. Mají zkušenosti z mnoha set soudních řízení a pracují na nejvýznamnějších případech v zemi.


sluzby

TRANSACTIONS

BANKRUPTCY

BANKRUPTCY

Obtaining value is easier than building it. Make good investments! It is faster to buy another company’s assets in bankruptcy than create them yourselves. Corporations come and go, but their assets remain. A typical transaction in bankruptcy is the acquisition of an enterprise or purchase of some assets without taking an interest in the corporation’s capital structure. When it is sold in bankruptcy, a business is cleansed - old obligations are not assigned to the transferee. This protects you better than demanding due diligence. Property, cars, receivables and other assets are available on advantageous terms.
We know how to make a profit from corporations in insolvency. We have very good knowledge of the practices of insolvency courts. We are in everyday contact with insolvency administrators and creditor bodies. We have experience from several hundred sets of insolvency proceedings, in which we have worked as insolvency administrators or lawyers. We make use of the benefits of bankruptcy to help you and protect you from its risks. We can help you get oriented, provide effective support and achieve your aims in acquisitions and investments in insolvency proceedings.

REORGANISATION

A crisis is an opportunity for change. Court reorganisation performed in time limits the risks of acting persons, increases the degree of satisfaction of creditors’ claims, gives corporations the chance to overcome an outage in liquidity and creates opportunities for the entry of new capital. A typical transaction in reorganisation is an acquisition in the form of entry to the capital structure of a corporation that has been stripped of its debts. The direct purchase of an enterprise or some assets is, however, also not excluded. For transactions as a part of court reorganisation there are different rules to those of extrajudicial restructuring and M&A transactions. 
We have unique practical experience with the reorganisation of a number of businesses as a part of insolvency proceedings before Czech courts - see references. We will provide you with skilled preparation for court proceedings on reorganisation and help you achieve your aims. We work for the owners of corporations, significant creditors and strategic investors. In accordance with your interests we prepare detailed proposals for the structure of reorganisation, supported by knowledge of court practice. We draft a reorganisation plan and negotiate its conditions with parties to insolvency proceedings and the insolvency administrator. We prepare everything needed for the approval of the reorganisation plan by a court and arrange its realisation. In addition to legal services, we also provide the services of insolvency administrators with the special licence, which the law requires for court reorganisations.

REORGANISATION
DISCHARGE FROM DEBTS

DISCHARGE FROM DEBTS

We offer banks and other secured creditors systematic administration of packages of mortgage receivables in insolvency proceedings. In addition to highly qualified work on cases complicated in terms of facts or law, we provide cost-effective solutions for standard claims.
We have a pragmatic approach to dealing with problems based on twenty years of court practice and a thorough knowledge of the case law established by Czech courts. We respect a secured creditor’s instructions. We use effective approaches based on knowledge from the hundreds of cases we have dealt with. During long-term co-operation we organise regular training sessions focused on amendments to legislation and case law in the field of insolvency law. In an ongoing fashion we perfect procedures based on feedback from specific cases dealt with. We maximise revenues from the liquidation of secured assets and minimise a secured creditor’s costs. We arrange the highest possible satisfaction of a secured creditor’s claims.


REORGANISATION

OVER-THE-LIMIT

OVER-THE-LIMIT

You want to keep an enterprise operating, even if you aren’t able to fulfil outstanding liabilities or you are insolvent?Can you maintain a positive cash flow at least in a situation where you aren’t paying old liabilities?Corporations with an annual turnover over CZK 50 million or with more than 50 employees have an easier path to reorganisation than small enterprises.You temporarily do not have to pay old liabilities.  You can achieve partial discharge of a corporation’s debts.Reorganisation performed in time limits the risks of acting persons, increases the degree of satisfaction of creditors’ claims and gives corporations the chance to raise new capital.
Over-the-limit court reorganisation is a solution for medium and large enterprises.It takes place as a part of insolvency proceedings.Its point is the gradual satisfaction of some claims of a corporation’s creditors while keeping an enterprise in operation.Creditors’ claims are satisfied up to the amount specified in the reorganisation plan, as it is approved by the insolvency court.If the plan is performed, the remaining part of the debts ceases to exist.A reorganisation where the operation of a corporation is maintained only with the aim of selling the enterprise is also not ruled out.
We provide legal support or direct representation throughout the reorganisation process.We work for corporations, significant creditors and strategic investors.We have unique practical experience with the reorganisation of a number of businesses as a part of proceedings before Czech courts - see references.We help you effectively achieve your aims.We also provide the services of insolvency administrators with the special licence, which the law requires for over-the-limit reorganisations.

UNDER-THE-LIMIT

Small enterprises that do not have an annual turnover of CZK 50 million and have less than 50 employees do not have to, in the case of temporary insolvency, end up in bankruptcy. They can achieve partial discharge of debts in under-the-limit court reorganisation. This applies to corporations and to individuals doing business as sole traders or in a similar way. However, they have to meet more demanding conditions than medium and large enterprises in over-the-limit reorganisations. In the case of small enterprises, the only allowable variant is consensual reorganisation with the support of the majority of creditors. 
We can advise you and represent you throughout the reorganisation process. We make use of unique practical experience of many under-the-limit court reorganisations in accordance with the new legislation - see references. We also provide the services of insolvency administrators with the special licence, which the law requires for such court reorganisations.

UNDER-THE-LIMIT

LEGAL SERVICES

FOR CREDITORS

FOR CREDITORS

We specialise in insolvency law. We work in particular for creditors with large claims or secured creditors. We provide services in corporate insolvencies, including reorganisations and also ensure systemic solutions for packages of retail receivables in discharges of debts. We make use of practical experience from many hundred insolvency proceedings, which we obtained as lawyers and insolvency administrators.
We submit (lodge) your claims to the insolvency court. We contest unreasonable claims of other creditors that curtail the satisfaction of your claims. We advise you on the sale or strategic purchase of claim and select suitable timing for transactions. We push through the method of dealing with a debtor’s bankruptcy that is suitable for you. We achieve satisfaction of your claims in insolvency proceedings to the maximum possible extent. We claim settlement of the remaining part of claims from managers or owners of a debtor, or other persons who have influence or control. We ensure that in your case the old legal bon mot - that bankruptcy is a legal process in which the debtor moves everything he has into his trouser pockets and hands his coat over to the creditors - does not apply in your case.

FOR CORPORATION OWNERS

Insolvency applications are abused to deal with contested claims or to destroy a competitor. Harassing insolvency applications affect large corporations, in particular. Even though an application is unreasonable, a court is bound to start insolvency proceedings and publish it in the insolvency register. This creates a negative reputational factor, hampers a corporation in its business and can stop it competing for public contracts.
We have helped with the preparation of an anti-harassment amendment to the insolvency act. We achieved significant success defending corporations attacked in court practice. We can effectively help you, when an unreasonable insolvency application is submitted. We assume representation and arrange a skilled defence in proceedings before a court. We can achieve the rejection of an insolvency application, the termination of insolvency proceedings or the dismissal of an insolvency application. We make claims for compensation for damage caused by a harassing insolvency application. If the creditor’s application is reasonable and a decision on insolvency is taken, we will help you deal with a situation through managed bankruptcy or reorganisation.

FOR CORPORATION OWNERS
FOR BODY MEMBERS

FOR BODY MEMBERS

We advise a corporation’s top management in the field of insolvency law, in particular when contesting harassing insolvency applications or during an outage of liquidity and insolvency. A company has to, itself, file an insolvency application in the case of insolvency or over-indebtedness. Members of bodies, managers and influential persons are personally responsible for this. We will assess the state of your corporation. If it is necessary to start insolvency proceedings, we will recommend a suitable method of resolving insolvency and a specific approach that will protect you from corporate and personal risks. Based on specialised expertise we recommend either a clean-up bankruptcy or court reorganisation and ensure everything necessary to successfully take care of the situation.
We also focus on specific risks of an oncoming bankruptcy. Our attorneys act as insolvency administrators and obtain ongoing feedback for assessing risks in this area. If you conclude contracts with companies at risk of bankruptcy, you are at risk not only of the non-payment of invoices if you are the seller, but also the loss of assets obtained if you are the buyer. An insolvency administrator can later, up to five years afterwards, include assets in the insolvency estate of a debtor, regardless of payment. We make use of verified effective procedures that protect you from these risks.

FOR LAW FIRMS

Make use of advantageous co-operation! We offer specialised expertise and supplementation of your team with advisors for the insolvency process, including reorganisations, with which we have unique practical experience - see references. We act in insolvency proceedings and related litigations on claims, assets and compensation. We will be happy to provide you with support in transactions in insolvency proceedings and assistance with the selection or a change to the insolvency administrator and services of insolvency administrators with the special licence.

We honour your relationship with the client. We limit our activities to the agreed partial service or substitution mandate.

FOR LAW FIRMS

LITIGATION

CLAIMS

CLAIMS

Each set of insolvency proceedings has two basic tracks. Two sides to the same coin. There is work with claims, where it is found which claims of the debtor’s creditors will be satisfied in insolvency proceedings and in what amount. Then there is work with the debtor’s assets, where the issue is from what the creditors will be satisfied. The most frequent litigations that are related to insolvency proceedings are litigations over claims. For the result of such litigations what is fundamental is the quality of the lodgement of claim, which is often underestimated. What is important is, in particular, the standard of claims of fact that show the title, amount and order of a claim and the documentation for a claim through appropriate evidence. There is a deadline for lodgement of claim and they cannot be amended and changed in the course of a litigation.
We have practical experience of many hundreds of litigations on claims. We provide specialised expertise, lodge claims of creditors to the insolvency court and act in all types of litigation, conducted based on actions over the authenticity, amount and order of lodged claims, applications for repudiation of a claim of other creditors, actions on determining whether claims still exist, actions upon the bankruptcy of financial institutions and newly devised actions on claims against insolvency estate.

ASSETS

Litigations over assets are, after litigations over claims, the second largest group of litigations that are conducted in connection with insolvency proceedings.An asset court litigation is a battle with precise rules, where it is necessary to attack or defend in time in a skilled manner.There are deadlines and strict rules for claims and proposed evidence.A court cannot ascertain the actual state of affairs on its own initiative.It only looks at claims and evidence proposals of the parties to the litigation and decides in accordance with what can be proved in proceedings.If statutory and judicial deadlines are missed, a ruling for default is issued.
We have been focusing on Czech judicial processes for twenty years.We have experience from many hundreds of court proceedings before Czech courts.We can help you effectively.We provide specialised expertise and representation in all types of litigations conducted based on actions for exclusion, actions on the invalidity of acts in law, contesting actions on the ineffectiveness of benefitting or damaging actions, actions on the invalidity of the liquidation of assets of a debtor and other asset actions.

ASSETS
COMPENSATION

COMPENSATION

The low satisfaction of creditors in corporate insolvency proceedings is often a consequence of the late submission of a debtor’s insolvency application. This is sometimes motivated by an attempt to remove assets from a corporation in advance. This process is captured by the bon mot that bankruptcy is a legal process in which the debtor moves everything he has into his trouser pockets and hands his coat over to the creditors. One of the methods of getting a claim satisfied is getting assets that were removed from a company back. Other options are making claims against persons who are liable for the timely submission of an insolvency application or that participated in the removal of a corporation’s assets. We can provide you with specialist expertise in searches for removed assets. We recommend the most appropriate procedure, based on through knowledge of the practice of Czech courts.  We represent clients both in litigations over assets and in litigations on compensation related to a breach of the duty to submit an insolvency application in time. We make use of new rules for corporate governance valid from January 2014 that expand the liability of managers and owners of corporations, as well as that of other influential and controlling persons.


SERVICES OF ADMINISTRATORS

WITH THE SPECIAL LICENCE

WITH THE SPECIAL LICENCE

In addition to legal services, we also provide the services of insolvency administrators. Our attorneys have the relevant licences and meet the conditions for performance of the office of insolvency administrators with the special licence, which the law requires for all debtors with an annual turnover of over CZK 50 million or with more than 50 employees. We have wide-ranging practical experience of acting as insolvency administrators in corporate insolvencies - see references.
An administrator is first chosen by a court, but creditors can replace him at their first meeting if a majority so votes. In the event of a pre-agreed reorganisation, if the statutory conditions are met creditors with large claims can determine themselves who the insolvency administrator will be from the start of the insolvency proceedings.
The insolvency administrator is the person who drives the insolvency process forward. The result of the proceedings is influenced not only by his expertise, but also his value orientation. This is based on the conviction that creditors with large claims and secured creditors should have a decisive influence on insolvency proceedings. We perceive the position of insolvency administrator in such a manner that he cannot himself decide on key matters, but should look for a mandate on how to act from key creditors. This does not release him from the duty to submit expert proposals for solutions, work with due diligence and take all actions necessary to ensure effective management.

WITH A BASIC LICENCE

We provide the services of insolvency administrators not only for reorganisations and corporate insolvencies, but also for systemic solutions for retail insolvencies, in particular for mortgage and other secured creditors in discharges of debts and non-business bankruptcies. In such cases a secured creditor usually has a majority, which gives it the right to choose the administrator after review proceedings. This creates the conditions for a foreseeable systemic solution of retail claims based on standardised documentation.
We set up an effective system for the liquidation of debtors’ assets for claims of the same type. We use effective approaches based on knowledge from the hundreds of cases we have dealt with. During long-term co-operation we organise regular training sessions focused on amendments to legislation and case law in the field of insolvency law, and formulate recommendations for any alterations to standard loan and security documentation. We maximise revenues from the liquidation of secured assets and minimise a secured creditor’s costs. We arrange the highest possible satisfaction of a secured creditor’s claims.

WITH A BASIC LICENCE




References




About Us






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foto

Michal Žižlavský
JUDr.

equity partner
insolvency administrator
team management

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michal@zizlavsky.cz
foto

Adam Sigmund
Mgr.

equity partner
insolvency administrator

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sigmund@zizlavsky.cz
foto

Petr Veselý
Mgr.

attorney-partner

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vesely@zizlavsky.cz
foto

Hana Himmatová
Mgr.

equity partner
insolvency administrator

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himmatova@zizlavsky.cz
foto

Anna Podaná
Mgr.

attorney

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podana@zizlavsky.cz
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Martina Suchomelová
Mgr.

attorney

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suchomelova@zizlavsky.cz
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Zbyněk Petr
JUDr.

lawyer

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zbynek.petr@zizlavsky.cz
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Miroslav Sedláček
JUDr., Ph.D..

lawyer

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sedlacek@zizlavsky.cz
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Michal Brychta
Mgr.

lawyer

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brychta@zizlavsky.cz
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Petr Timura
Mgr.

lawyer

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timura@zizlavsky.cz
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Barbora Kobíková
Mgr.

lawyer

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kobikova@zizlavsky.cz
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Tomáš Snášel
Mgr.

lawyer

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snasel@zizlavsky.cz
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Lenka Kepková,
Ing.

ekonom

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kepkova@zizlavsky.cz
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Hana Protivová
Bc.

ekonom

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protivova@zizlavsky.cz







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ŽIŽLAVSKÝ, law firm - insolvency administrators

Praha 1 Široká 5 PSČ 110 00
(Široká is perpendicular to the street Pařížská)

phone: +420 224 947 055, +420 224 947 618
ak@zizlavsky.cz     www.zizlavsky.cz