Bankruptcy and Restructuring

Tilleke & Gibbins helps creditors, debtors, and other stakeholders survive and thrive in uncertain economic times. We help clients reach commercial goals, including achieving maximum value from corporate assets, favorable loan terms, equitable distribution of assets and company closure, and business renewal via reorganization or restructuring. We are innovative in our outlook and zealous in our execution.

Our assistance begins at the inception of a deal. Our banking and finance specialists assist clients in properly documenting commercial lending and other financial transactions. Our proactive approach means that our clients can rely on the documentation to solve future lender-borrower disputes.

Our assistance is multifaceted. When we represent a debtor in an insolvency situation, we may negotiate with creditors on the pre-bankruptcy composition of debts, provide advice on employment and labor matters, defend brands and corporate names, explore the client’s tax exposure, and obtain protection for directors through contractual arrangements.

Our dedicated bankruptcy and restructuring group is supported by experts in commercial transactions and M&A, corporate services, dispute resolution and litigation, employment, insurance, intellectual property, property, and tax. By working across legal disciplines, we provide our clients with solutions that are comprehensive, practical, and durable.

Among our recent matters, we have:

  • Obtained court approval of a bankruptcy claim in the amount of nearly THB 120,000,000. Our representation included submitting the application for debt repayment, providing supplemental explanations and evidence, and proving our client’s right to the sum.

  • Obtained court approval of bankruptcy claims in  amounts of over THB 75,000,000 (company 1), THB 75,000,000 (company 2), and THB 150,000,000 (company 3). Our representation included submitting the application for debt repayment, providing supplemental explanations and evidence, and proving our clients’ right to the sums.

  • Assisted a client with business reorganization. Our representation included providing legal advice, preparing and submitting the debt repayment application, attending the creditors’ meeting, and attending court hearings.

  • Represented a client in a bankruptcy case. Our representation included providing legal advice, preparing and submitting a petition for an absolute receivership order and the debt repayment application, attending various meetings with the official receiver, and attending court hearings.

  • Facilitated the restructuring of large commercial entities, including a U.S.-Thai Treaty of Amity company engaged in engineering and construction.

  • Assisted our client, a jewelry exporter, with its claim under trade credit insurance and in recovering on its claim in bankruptcy proceedings filed against the client’s trading partner pursuant to the United States Bankruptcy Code. The combined recovery rates from the bankruptcy and insurance policy claims exceeded 95% of the client’s exposure.

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Name Position Office Contact

Cynthia M. Pornavalai

Partner Bangkok

cynthia.p@tilleke.com

+66 2653 5559

John King

Partner Bangkok

john.k@tilleke.com

+66 2653 5502

Michael K. Lee

Partner Ho Chi Minh City

michael.l@tilleke.com

+84 8 3936 2069

Piyanuj (Lui) Ratprasatporn

Partner Bangkok

lui.r@tilleke.com

+66 2653 5533

Santhapat Periera

Partner Bangkok

santhapat.p@tilleke.com

+66 2653 5995

Thawat Damsa-ard

Partner Bangkok

thawat.d@tilleke.com

+66 2653 5500

Alongkorn Tongmee

Associate Bangkok

alongkorn.t@tilleke.com

+66 2653 5807

Buncha Suparmesit

Associate Bangkok

buncha.s@tilleke.com

+66 2653 5801

Chitchai Punsan

Associate Bangkok

chitchai.p@tilleke.com

+66 2653 5779

Chusert Supasitthumrong

Associate Bangkok

chusert.s@tilleke.com

+66 2653 5793

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Datesort icon Title
February 1, 2012

Tilleke & Gibbins Elevates Michael K. Lee to Partner

Michael K. Lee

Tilleke & Gibbins is proud to announce the appointment of Michael K. Lee as a Partner of the firm, effective January 1, 2012.

Michael counsels clients and manages cases on a wide range...

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December 28, 2011

Oxford Business Group and Tilleke & Gibbins Seal Third Partnership for 2012 Publication

Tiziana Sucharitkul

Oxford Business Group (OBG), the global publishing, research and consultancy company, has renewed its partnership with Tilleke & Gibbins for its latest report on Thailand’s economy.

As...

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December 22, 2011

Tilleke & Gibbins Shortlisted for Thailand Firm of the Year Award by Chambers Asia-Pacific

Darani Vachanavuttivong, Tiziana Sucharitkul

Tilleke & Gibbins has been nominated for the Thailand Firm of the Year Award by Chambers Asia-Pacific, a leading guide to the legal profession in the region. The Chambers Asia-Pacific...

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December 9, 2011

Tilleke & Gibbins Named Best Firm in Thailand at Asia Women in Business Law Awards

Darani Vachanavuttivong, Tiziana Sucharitkul

Tilleke & Gibbins was named “Best Firm in Thailand” at the inaugural Asia Women in Business Law Awards, held at the Jockey Club in Hong Kong on December 8, 2011. Representing Tilleke &...

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June 27, 2011

Oxford Business Group Launches The Report: Thailand 2011

David Lyman

In the wake of 2010’s political unrest and with upcoming national elections on the horizon, the climate for business and foreign direct investment in Thailand remains uncertain. The Report:...

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Datesort icon Title
April 20, 2012

Bankruptcy Liability for Business Partners

Alongkorn Tongmee

A partnership begins with a splash of optimism—a toast to the future and a plan for capitalizing on business opportunities. But what happens when it all goes wrong? Aggressive creditors may force...

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February 22, 2012

IP Holding Vehicles: Singapore vs. Hong Kong

Alan Adcock

With intellectual property playing an ever-increasing role in economic development, the need to harness, promote, and protect ASEAN innovation has become more urgent as integration progresses....

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January 4, 2012

Lex Mundi Guide to Doing Business in Thailand 2012

This guide provides a detailed overview of doing business in Thailand. Topics covered in the guide include investment, import and export regulations, exchange controls, tax, requirements for...

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December 23, 2011

PLC Doing Business in … Multi-Jurisdictional Guide 2012 – Thailand Chapter

Sriwan Puapondh, Hiranrat Chakartnarodom, David Duncan, Chaiwat Keratisuthisathorn, Michael Ramirez, Anake Rattanajitbanjong, Siripong Siriworanark

This chapter provides an overview of the legal system and key laws for foreign companies doing business in Thailand. Presented in a question-and-answer format, the chapter examines the rules...

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December 14, 2011

Thailand Legal Basics

Thailand Legal Basics, a valuable primer for foreign investors, begins with an overview of Thailand’s legal system, including its history and the events and professionals that are shaping...

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