The restructuring of companies in crisis, whether through judicial or extrajudicial recovery or private negotiations, involves several actors. However, few play as decisive a role as strategic creditors. These creditors, who may be essential suppliers, financial institutions, investors or key customers, have interests that go beyond simple credit recovery, as their continuity in the debtor company's ecosystem may be essential to the viability of the restructuring.
From a legal perspective, the active participation of strategic creditors can enable structured and more efficient solutions to overcome a business crisis. In the context of judicial recovery, for example, article 50 of Law 11.101/2005 provides for the possibility of granting guarantees, extending deadlines and even converting debt into capital as ways to enable the company to recover. These creditors often have greater bargaining power and can condition their adherence to the plan on specific considerations, such as differentiated governance or privileges in the structuring of liabilities.
Furthermore, negotiations with strategic creditors can be decisive in ensuring compliance with the obligations of the recovery plan. Restructuring supply or financing contracts under advantageous conditions can be a determining factor in preserving business activity and cash generation. This is because these creditors have an interest in the continuity of the debtor company as a way of maintaining business relations and avoiding indirect losses resulting from its insolvency.
For this reason, entrepreneurs facing financial difficulties must adopt a proactive approach in identifying and engaging in dialogue with their strategic creditors. A successful restructuring is not limited to the formal approval of a recovery plan, but to the construction of a new basis for operational and financial sustainability. In this scenario, specialized legal advice becomes essential to structure balanced negotiations, mitigating risks and ensuring that the company emerges from the crisis in a solid and competitive manner.
