Restructuring – remedies and prevention against the financial Distress of business undertakings

Voluntary debt renegotiation, in particular in conciliation or ad hoc
proceedings, on behalf of the company and/or its partners/shareholders, Advisory services to business entities at every stage of insolvency
proceedings whether pertaining to safeguard (sauvegarde), judicial
reorganization (redressement judiciaire) or judicial liquidation (liquidation
judiciaire) Advisory services to creditors within the framework of insolvency proceedings on their debtors, Advisory services to prospective takeover entities, Litigation in connection with insolvency proceedings

Our assignments

Strategic advice and assistance for business undertakings

Diagnosis of the undertaking's financial situation and prospects, definition of the most appropriate restructuring procedure. Support for the company in initiating and monitoring the procedure and drawing up the plan. Negotiating and drafting voluntary agreements with partners of the undertaking within the framework of preventive proceedings

Strategic advice and assistance for creditors

Negotiating voluntary agreements within the framework of preventive proceedings, bank contracts (addendums, new credit facilities and sureties including trust agreements) and other agreements with the undertaking. Preparing statements of claims. Advisory services for proprietary claims. Negotiating proposals for recovery plans

Strategic advice and assistance for takeover entities

Preparing takeover bids and monitoring the procedure, negotiating with the company and with insolvency institutions

Representation and advisory services in litigation

Preparing all procedural acts, representation in court hearings, negotiating possible voluntary agreements

Recent track record:

Advising and representing a credit institution within the framework of safeguard proceedings against a major French group and in the related litigation
Consultation and advisory services to a foreign credit institution in the context of the voluntary restructuring of a real estate financing facility, including the incorporation of a trust
Consultation and advisory services to a French company and its shareholders within the framework of the restructuring, under ad hoc proceedings, of a real estate financing facility
Consultation and advisory services to institutional financial backers within the framework of the financial restructuring, under ad hoc and then conciliation proceedings, of a group operating serviced residences
Advising and representing a French hospitality group within the framework of the judicial liquidation of the general contractor in charge of renovating and refurbishing the building (a historical monument) operated by this hospitality group
Advising and representing a property developer in the takeover of home building contractors under insolvency proceedings

Our specialists

Tel (st) +33 1 56 43 48 30

Tel +33 6 08 49 66 11

Mail mbarthelemy@fway.fr

Specialty Restructuring

Matthieu Barthélemy

Partner | Restructuring

About Matthieu

Admitted to the Paris Bar in 1999, Matthieu specializes in distressed companies and insolvency as well as debt restructuring, both advising clients and representing them in court, including in the context of international transactions.

He mainly advises financial institutions, investment funds as well as French and foreign industrial groups and services providers.

Matthieu is also involved in financing transactions and capital markets including as counsel to foreign investors.

Matthieu is a member of the Society of Turnaround Professionals (Association pour le Retournement des Entreprises – ARE) and of the Turnaround Management Association (TMA).

His clients rely on him for:

– restructuring of financial debt

– investing in / purchasing of distressed companies

– negotiating in ad hoc or conciliation procedures

– insolvency and bankruptcy proceedings

– banking, financial, commercial disputes and litigation

– financing and private placement (Euro PP, US PP) transactions

Before Fairway

Matthieu was a partner at De Pardieu Brocas Maffei law firm from 2007 through 2018, after he worked as an associate in the same firm starting in 2000. He then was a partner at De Gaulle Fleurance & Associés from 2018 through 2020.

Well before Fairway

– Advanced degree (DESS) in business tax law from the University of Paris Dauphine

– Master’s degree in management from the University of Paris Dauphine

– Master’s degree in business law from the University of Paris Nanterre

After Fairway

Matthieu will find happiness on the rolling fields of Gers and the lush hills of the Basque Coast, supporting his favorite rugby team as well as enjoying the flavor of local terroir products.

Matthieu is featured since 2021 in the Leaders League Rankings.

Matthieu is highlighted in three areas:

Featured as Excellent in Restructuring: advising banks and creditors;
Featured as Excellent in Restructuring: advising mid-cap companies and their shareholders;
Featured as Highly Recommended in Restructuring: LBO transactions in difficulty.

Matthieu is quoted among the best lawyers in Insolvency and Reorganization Law, Litigation and Structured Finance Law since 2010