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Case study
Brazil: Bridging Borders – Cross-Jurisdiction Creditor Protection in Complex Brazilian Insolvency
The client is a Brazilian company who was experiencing distress and had international creditors located around the globe.
The client challenge
The client needed to bridge the gap between foreign creditor protection in different locations. This included two institutional creditors based in Denmark and the Netherlands who had significant exposure to their Brazilian debtor and needed support to protect their assets and advise on strategy for managing their interests during court proceedings in the Brazilian jurisdiction.
The solution
There were two aspects to PP&C role in this project:
Firstly, acting as legal and strategy advisers for the auditors and consultants based in Europe, to help them understand the accounting treatment and legal strategies associated with a complex Brazilian insolvency framework.
This aspect of the project required detailed analysis of credit classifications and litigation risks, and advising on the structure of the judicial corporate reorganisation.
Secondly, PP&C actively represented the institutional creditors before the Brazilian Courts and coordinated cross-border actions in other Latin American and Caribbean jurisdictions, where the financial asset was also exposed and at risk.
This required our team to have deep knowledge of not just the Brazilian jurisdiction and commercial environment, but also awareness and understanding of the sensitivity to regulatory frameworks in other involved countries.
The value
PP&C was able to operate across multiple legal systems, languages and cultural nuances to deliver clear, actionable guidance to international stakeholders.
The team demonstrated their expertise in bridging the gap between foreign creditor protection in local jurisdictions, overcoming complex processes and multiple cross-border restructuring frameworks.
