Especially, when the investor is a fund, its general partner must comply with fiduciary duty of care when handling affairs of the fund and thus must appropriately make filings and timely exercise the investor’s rights in accordance with the relevant bankruptcy schedule. Moreover, if any criminal activity is suspected, it is necessary to take measures to determine criminal liability and to obtain judgment regarding such.
In case of bankruptcy proceeding by an investee, its investor must strive to maximize its exit by making accurate determination as to the status and rights as investor during such proceeding. The very first step is to determine whether the investor is a creditor or shareholder. During a bankruptcy proceeding, drastic changes such as capital decrease with respect to shareholders, reduction of debts, and debt-equity swap occur to the relationships of the interested parties; therefore, it is important to accurately understand the specifics of bankruptcy proceedings and to formulate a detailed strategy.
Ehoo’s professionals advise and represent clients with respect to participation in corporate bankruptcy proceedings and offer best solutions formulated from multiple perspectives.