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Examinership

Examinership is a court process which protects an insolvent business from its creditors for a finite period enabling it to put in place a survival plan and restructure its debts.

Initially introduced in 1990, legislative changes operative from July 2014 broadened access to the examinership process by allowing certain applications to be made in the Circuit Court rather than in the High Court, thereby reducing legal costs.

Examinership allows an insolvent but potentially viable company an opportunity to restructure, attract equity investment and put in place a scheme of arrangement with pre-existing creditors. The objective is to emerge from the examinership process as a viable going concern.

RBK Corporate Recovery Partners will:

  • Act as examiner to a company or a group of companies 
  • Advise company directors and shareholders on the examinership process 
  • Assist in the preparation of an independent expert’s report 
  • Review an independent expert’s report on behalf of a creditor 
  • Advise creditors in relation to initiating a petition for examinership or in circumstances where a debtor company has been placed under the protection of the Court 
  • Review and advise a creditor on a proposed scheme of arrangement

Having acted on behalf of both debtors and creditors, RBK’s Corporate Recovery team has a wealth of experience and a unique perspective on the examinership process.

For a confidential discussion about your specific requirements, please contact a member of our team.

Click here to visit our RBK Recovery Helpline page.

Team Members

Brendan O'Donoghue

Restructuring & Insolvency Partner

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David Gleeson

Partner

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SCARP - A more Efficient Rescue Process for SME’s 1.19 MB

On 22 September 2021, Jill Callanan, of LK Shields Solicitors and Brendan O’Donoghue, RBK presented a webinar examining the detail of the new SCARP legislation.

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