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Insolvency and judicial reorganisation in Luxembourg

A business in difficulty in Luxembourg has, since the Law of 7 August 2023 on the preservation of businesses, access to reorganisation procedures designed to avoid bankruptcy (a stay, an amicable settlement, judicial reorganisation). The firm advises both debtors and creditors, from the initial review through to the procedure.

In short

In Luxembourg, the law of 7 August 2023 on business preservation offers companies in difficulty reorganisation procedures to avoid bankruptcy: stay, amicable agreement, judicial reorganisation. Acting early, before cessation of payments, leaves more options; the firm advises both debtors and creditors.

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Maître Cora Maglo, Avocate à la CourResponsible for legal content: Maître Cora Maglo, Avocate à la Cour, Liste I du Barreau de Luxembourg depuis 2009. · Applicable law: Luxembourg

Insolvency and judicial reorganisation in Luxembourg: key points at a glance

Fees, timeframes, documents and deliverables
ItemWhat to know
FeesOn a quote basis. Depending on the procedure and the complexity of the matter; an initial assessment is provided in consultation.
Indicative timingTimeframes depend on the procedure; prevention, however, requires acting without waiting for the cessation of payments.
Documents required
  • Financial and accounting position
  • Main contracts and debts
  • Relevant decisions and correspondence
Deliverables
  • Review and options
  • Appropriate procedural documents
  • Representation of the debtor or creditor

The reform of 7 August 2023 modernised Luxembourg insolvency law, placing the emphasis on prevention and on preserving viable businesses, alongside traditional bankruptcy.

Acting early is decisive: the earlier the situation is reviewed, the more reorganisation options remain open. Cerno Law Firm assesses the situation and defends your interests.

Insolvency and judicial reorganisation in Luxembourg: when should you call on the firm?

Your business is in difficulty, or you are a creditor of a defaulting company.

The right steps are taken early, before any cessation of payments.

What happens if you do nothing?

An undeclared cessation of payments, directors\' liability, lost chances of reorganisation, or claims not lodged with the liabilities.

Waiting reduces the options and worsens the exposure.

How does the firm step in?

A review of the situation, the choice of procedure (prevention, judicial reorganisation, bankruptcy), and representation and defence of rights.

On the creditor side: lodging and defending claims.

Practice areas

When to call on the firm

  • Anticipate financial difficulties.
  • Initiate a judicial reorganisation.
  • Lodge a claim in a bankruptcy.
  • Defend a director facing proceedings.

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FAQ

Frequently asked questions

What did the Law of 7 August 2023 change?

It reformed Luxembourg insolvency law by introducing prevention and reorganisation procedures to preserve viable businesses, beyond bankruptcy alone.

When should you act?

As early as possible: prevention and reorganisation require acting before any cessation of payments, which must in any event be declared within the legal deadlines.

Does the firm act for creditors?

Yes. The firm also assists creditors: lodging claims, monitoring the procedure and defending their rights.

Member of

Affiliations & professional networks

  • Barreau de Luxembourg
  • European Immigration Lawyers Network (EILN)
  • Union des Avocats Européens (AEA)
  • Cross Border Advisory Solutions
  • Institut Luxembourgeois des Administrateurs (ILA)
  • Association Luxembourgeoise des Juristes de Droit Bancaire (ALJB)

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Written by Maître Cora Maglo, attorney at law.

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Founded in 2013; Maître Cora Maglo has been admitted to the Luxembourg Bar since 2009

2013
independent firm
2009
at the Bar since 2009
4,7/5
81 Google reviewsRead reviews

Expertise & authority

Ongoing review and analysis of Luxembourg and European case law

Avocate à la Cour, List I of the Luxembourg Bar since 2009

Trained at the London School of Economics, formerly at Clifford Chance and Bonn Steichen & Partners

Member of international networks: EILN, AEA, Cross Border Advisory Solutions

Every matter handled and approved by a lawyer admitted to the Bar

Support in French and English

They talk about us

The firm referenced and cited

Professional directories, business press and legal publications where Cerno Law Firm and Maître Cora Maglo are referenced.

  • Paperjam
  • Editus
  • AmCham Luxembourg
  • ICLG, Corporate Immigration
  • Lexology
  • Startup Luxembourg
  • Alumni Université de Strasbourg
  • DatoCapital
  • Lawzana
  • Sitipro
  • Opendi Luxembourg
  • Yellow.lu
  • Luxembourg.co
  • Legalist
  • Global Law Lists
  • Debitura

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