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Insolvency & Restructuring Litigation “Kim & Chang has an unparalleled insolvency team in the Korean legal market.”
– Chambers Asia-Pacific 2017

Overview

More and more companies experiencing financial difficulties are employing rehabilitation and bankruptcy procedures in accordance with bankruptcy law in order to overcome such difficulties and resolve legal issues with debtors and interested parties.  

Unlike general civil proceedings, those related to corporate rehabilitation and bankruptcy follow unique procedures, and a court or tribunal with exclusive jurisdiction over bankruptcy cases presides over these proceedings.  Thus, rehabilitation and bankruptcy litigations demand professionals to have a specialized set of skills, knowledge and experience.  

Kim & Chang’s Insolvency & Restructuring Litigation Practice has advised and represented clients in a variety of rehabilitation and bankruptcy cases and has accumulated unparalleled experience.  Our Practice has a large number of professionals including attorneys with extensive court experience in corporate bankruptcy cases as well as legal professionals and CPAs specialized in corporate restructuring.  Based on our extensive experience and expertise, we provide our clients with the highest quality of specialized legal services.

Key Servicesshow

Filing for Rehabilitation and Bankruptcy

We successfully represent and advise companies in rehabilitation proceedings and bankruptcy proceedings.

 

Reporting Obligation

We provide strategic advice to creditors in connection with the filing and reporting of creditors’ claims upon the commencement of a rehabilitation proceeding. 

 

Litigation on Confirmatory Action, Common Benefit Claims and Avoidance Action

We effectively handle litigations related to common benefit claims and reorganization claims, including confirmatory actions.

 

Litigation including Bankruptcy Claims

We have in-depth experience and expertise in successfully representing bankruptcy claims.

 

International Insolvency

We provide advice and services related to the approval and support procedures of international insolvency proceedings.

 

For detailed information, please visit our Insolvency & Restructuring Practice's webpage.

Key Experienceshow

Our clients include major Korean banks, brokerage firms and other financial institutions; construction companies; automobile/factory/shipbuilding companies and their contractors; golf courses; accommodations businesses. 

 
  • Advised Korean banks in responding to the DSME restructuring procedure.

  • Advised contractors in collecting contracted products during insolvency of Daechang.

  • Represented obligors in the P-Plan rehabilitation phase of Daeji Corp.

  • Advised on behalf of the buyer in the Risom Resort M&A rehabilitation case.

  • Advised on behalf of the buyer in the Ultra Construction & Engineering Co. M&A rehabilitation case.

  • Advised on behalf of the prospective buyer in the Bobath Hospital M&A rehabilitation case.

  • Represented Skin Food in rehabilitation filings and advised on financing. 

  • Represented Seonam University in rehabilitation application.

  • Represented Adonis Golf Course in the rehabilitation case filed by minority stakeholders.

  • Represented co-investor construction companies in application of rehabilitation security rights and confirmatory action regarding the rehabilitation process of Samwhan Co. 

  • Represented Landmark Worldwide, debtor, in an insolvency case filed by creditor (KB Bank).

  • Represented holder of rehabilitation security rights in the acquisition of Seosansoo Golf and Resorts.

  • Advised on rehabilitation filings and sale of Kottdam Country Club.

  • Advised on purchase of SaintFour Country Club under rehabilitation.

  • Advised on Younghwa Holdings insolvency case.

  • Represented majority stakeholders in rehabilitation/insolvency process of Hanjin Marine Shipping.

  • Advised on rehabilitation case of STX Shipbuilding.

  • Sought approval and support by Korean court regarding corporate restructuring commenced in an Arizona, US court. 

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