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The Role of Strategic Creditors in Corporate Restructuring

February 18, 2025

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, which may be essential suppliers, financial institutions, investors, or key customers, have interests that go beyond simple debt recovery, as their continued presence in the debtor company's ecosystem can be crucial to the viability of the restructuring. 

From a legal perspective, the active participation of strategic creditors can facilitate structured and more efficient solutions for overcoming corporate crises. 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 equity as ways to enable the company's recovery. These creditors often hold superior bargaining power and can condition their participation in the plan on specific considerations, such as differentiated governance or privileges in structuring liabilities. 

Furthermore, negotiations with strategic creditors can be crucial in ensuring compliance with the recovery plan's obligations. Restructuring supply or financing contracts on advantageous terms can be a key factor in preserving business activity and cash generation. This is because these creditors have a vested interest in the debtor company's continued existence as a way to maintain business relationships and avoid indirect losses arising from its insolvency. 

For this reason, entrepreneurs facing financial difficulties must adopt a proactive approach in identifying and communicating with their strategic creditors. A successful restructuring is not limited to the formal approval of a recovery plan, but also to building a new foundation of 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 position. 

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Rafael de Mello and Silva de Oliveira

(11) 3090-9195

Victor Antony Ferrari

+55 11 3090-9195

Ivan Kubala

+55 11 3090-9195

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