J&A represents, assists and defends the rights of creditors and/or debtors since receiving a Special Power of Attorney – both in the trial process at the Commercial Court, verification process, negotiation of peace proposals, voting on peace proposals, legal remedies for decisions The Commercial Court is in the process of PKPU (suspension of debt payment obligations) and Bankruptcy with various smart efforts to provide the best benefits for clients.
In handling the PKPU and bankruptcy processes, creditors need the assistance of reliable lawyers, advocates and legal consultants who understand and understand very well about the intricacies of management in the PKPU process and asset settlement in the bankruptcy process, so that creditors really get their rights and are not harmed by various efforts made carried out by opponents, debtors, curators and other parties with an interest in efforts to resolve either bankruptcy or PKPU cases in the Commercial Court.
J&A handles bankruptcy issues carefully and comprehensively and still refers to professional code of ethics standards and applicable laws and regulations. In the litigation process, assisting clients in submitting applications for bankruptcy and PKPU applications (suspension of debt payment obligations), attending, representing, and/or accompanying clients at every stage of the litigation process until after the decision that has permanent legal force (incraht van gewijs zaak), coordinates with related parties and others.
Bankruptcy, Restructuring & Creditor Rights
Regularly represents private equity firms and hedge funds seeking to maximize their recovery in:
- Formal bankruptcy and insolvency proceedings,
- Controversial out-of-court negotiations,
- Sale of distressed assets, spin-offs or other transfers,
- Contested tender offers, and
- Contested exchange offers
J&A works closely with clients to create legal solutions that are consistent with their respective business objectives. We seek to understand each industry and its unique operations, supplementing this insight with more than adequate legal knowledge. We determine the relevant options, discuss the alternatives in clear terms, and assist our clients with the implementation of the most effective solutions.
Many of our attorneys have developed singular experience in a variety of businesses and industries who also have significant experience as litigators. By applying past experience to things at hand, J&A can provide substantial efficiencies in representation.
J&A is generally the choice for creditors, debtors, and other parties involved in the curator, foreclosure, and bankruptcy proceedings. Our clients include secure and unsecured creditors, debtors, lessors, bondholders, equity interests, committees representing creditors or equity holders, trustees, examiners, financiers, and potential acquirers of businesses or assets.
Represent statutory or ad hoc creditors committees in cases where litigation and the threat of litigation prompt final recovery, represent administrators and liquidators in controversial bankruptcy proceedings. J&A often represents post-confirmation litigation trusts and similar entities established to support the restoration of inheritance through litigation or alternative dispute resolution.
J&A advises the debtor to be in possession in connection with significant property litigation or when the debtor’s corporate bankruptcy counsel conflicts. We also represent the board of directors and/or a special debtor subcommittee of directors.
J&A has no corporate or financial practices that create positional or business conflicts. The practice of bankruptcy and restructuring proceedings is based on the belief that there is a need for financial restructuring advisors who have the intellectual aptitude and experience to deal with law firms other than the company but are not burdened with their conflicts.
Out of Court Restructuring
J&A’s transactional work in the distress area covers any and all transaction stages, starting with the solicitation/term sheet/commitment letter phase; legal due diligence; arrangement, arrangement; and negotiation of underlying transactions and documents; preparation and negotiation of third party documents through all closure and post-closure activities.
In addition to advising clients on the management and execution of non-performing loans and loan restructuring, our transactional experience in the bankruptcy and non-bankruptcy context of non-performing loans includes, but is not limited to, asset-based loans under both revolving and term loans; single and multi-borrower facilities; syndicated loans including advising agents in this loan facility; real estate financing and leasing; debtors who own and exit financing; equipment loans and leases; agreements between creditors and subordinates; purchase and sale agreements, in connection with the acquisition or sale of non-performing assets and the sale or acquisition of non-performing loans; plantation financing — financing agreement with curator; security agreement; guarantee; patience agreement modification agreement; letter of credit agreement; settlement agreement; confidentiality/non-disclosure agreement; complex payment letters and related lender releases.
Collection, confiscation and enforcement
J&A has experience working with both secure and unsecured lenders, we represent both nationally and internationally, in the full range of traditional litigation and alternative dispute resolution processes, issues and remedies, including:
- Prejudice of replevins, attachments and embellishments
- UCC solutions
- Recipient
- Judicial and non-judicial confiscation
- Post-confiscation deficiency assessment
- Initial orders and temporary restraining orders
- Fake transfer claims
- Post-judgment enforcement, including execution orders, garnishments, and charge orders
- Law enforcement action against borrowers and guarantors
As part of a specialized legal services firm, we are also able to draw on the legal and industry knowledge of lawyers in almost every area of legal practice.
Bankruptcy
J&A has a well-known reputation for bankruptcy representation. We intensively mentor corporate or individual clients who are considering filing for bankruptcy.
Our bankruptcy specialists are experts in local bankruptcy laws, regulations and court procedures. J&A provides legal advice on bankruptcy and helps them through all the processes, from filing all bankruptcy requirements to representing clients at Bankruptcy Hearings.
Our wide range of knowledge and perspectives make it possible to achieve the most realistic results for clients. J&A makes alliances with relevant specialist professionals to analyze business problems and find solutions to meet their financial obligations.
Whether your situation involves a representative of a debtor or creditor, or is affected by a bankruptcy issue, J&A can handle the case. J&A’s experience in the Indonesian Commercial Court and other courts provides us with the knowledge and resources for optimal results.
Settlement of Troubled Accounts
J&A assists local, national and overseas clients to collect bills and/or non-performing loans. J&A handles and/or collects credit and non-performing bills for billing amounts starting from USD 2 million or IDR equivalent. 2.5 billion and above.
Non-performing loans or claims entrusted to J&A generally come from bank financial institutions, non-banks, general creditors, or by other business entities either in Indonesia or other countries.
Consumer Bankruptcy
Representing creditors and debtors in consumer bankruptcy
Creditor Representative
Representing financial institutions, equipment dealers and other businesses to recover funds from bankrupt debtors or secure protection from third party claims. Our goal is to get as much recovery as possible.
Debtor Representative
Represent a diverse range of debtors, from commercial entities to individual filings with business obligations. J&A is experienced in many areas of commercial debtor representation.
Special Advisor in Bankruptcy
J&A acts as a special advisor to handle claims against other parties involved in the bankruptcy process
Trustee Representative
Appointed by the bankruptcy trustee as general or special advisor on behalf of the bankruptcy estate. J&A handles all aspects of Bankruptcy and/or PKPU applications through all Indonesian Commercial Courts. Many creditors from local companies as well as foreign creditors have enjoyed satisfactory achievements regarding the Bankruptcy and PKPU applications handled by J&A.
JANTJE & ASSOCIATES 