Avoidable claims
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At Sundgaard, we have extensive experience with all aspects of insolvency, bankruptcy and financial distress. We are qualified to help you or your business manage any financial challenges.
Avoidable claims
In Danish insolvency proceedings creditors must be treated equally.
In other words – if you receive funds or assets from a distressed business partner, which leaves the remaining creditors in a worse position, then you risk a claw back of avoidable claims.
In principal your risk higher, the closer your relationship is with the distressed party and the closer the transaction is to the financial collapse.
Often the legal framework will also require bad faith concerning the transaction with the recipient. However, it is not always the case. In principle you can risk claw back even though you would consider yourself in good faith.
Sundgaard assists in all aspects of these proceedings. From the assessment of the legal merits of proposed claims to the negotiations with the claimant and – if any amicable solution is not possible – the litigation of the matter.
