Practice Area
Enforcement and Bankruptcy Law
Enforcement and bankruptcy law governs the collection of a receivable through state authority where it is not paid voluntarily, and the liquidation of the assets of a debtor unable to pay their debts. As Günser + Partners, we represent both creditors and debtors, conduct enforcement proceedings, assess the legal remedies available against such proceedings, and provide advisory and litigation services in bankruptcy and composition processes.
Scope of Services
The matters we handle within the framework of the Enforcement and Bankruptcy Law No. 2004:
- Enforcement proceedings with and without a judgment, and finalisation of proceedings
- Attachment proceedings specific to negotiable instruments (cheques, promissory notes, bills of exchange)
- Proceedings for the realisation of pledges and mortgages
- Enforcement proceedings for the eviction of leased immovable property
- Objection to the payment order, actions for annulment and for setting aside the objection
- Negative declaratory actions and actions for restitution
- Actions for release from debt and for the annulment of enforcement proceedings
- Complaints in enforcement law and applications to the enforcement court
- Attachment operations, participation in attachment and declaration of assets
- Actions for recovery of property and protection of third-party rights
- Sale of movable and immovable property and actions to set aside the auction
- Actions for the annulment of dispositions
- Bankruptcy proceedings and bankruptcy actions
- Composition, restructuring and objections to the ranking schedule
Under Construction
Detailed content for this practice area — frequently encountered disputes and how the process is conducted — is being prepared. The scope of services above is current; you are welcome to consult us about your matter in this area in the meantime.
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