Restructuring and Insolvency
The issue of bankruptcy is often still associated in Germany with the stigma of failure and therefore hidden from the entrepreneurial focus. Especially in times of the global financial crisis, it has become increasingly important to deal openly and promptly with the subject of bankruptcy and to understand this as an opportunity and restructuring tool. The German legislature has further expanded the restructuring possibilities under insolvency law with the recent comprehensive reforms. It is important to take early the right steps to be prepared and not to miss existing reorganization options. This applies to the company concerned, but also to their bodies and shareholders who are often subject to liability risks in crisis situations.
It is also advisable for suppliers, lenders and other parties to take the consequences of a potential insolvency on their own position at an early stage – preferably already prior to entering into an agreement – into account and to consider these consequences in the drafting process of a contract. Only such an approach allows to minimize substantial risks for the own company, up to a potential follow-up bankruptcy.
We advise companies, its officers and shareholders, investors and insolvency administrators and offer our clients the full range of insolvency-related and restructuring advice:
- Advice to companies, shareholders and managers in the crisis of a company;
- Development and structuring of reorganization concepts including preparation of insolvency proceedings and the draft of an insolvency plan;
- Preparation of a protection proceeding (Schutzschirmverfahren) pursuant to section 270b InsO and support of the company and/ or its management during insolvency proceedings in self-administration ;
- Advice to creditors in insolvency proceedings and prior to an insolvency;
- Advice to (preliminary) insolvency administrators or trustees in all insolvency law areas (e.g. M&A process, insolvency contest claims, other liability claims, draft of an insolvency plan);
- Advice to investors on purchase out of bankruptcy (distressed M&A);
- Advice to clients on internal restructurings.
Together with specialists in other areas of law we offer our clients not only a purely insolvency law expertise. The insolvency and reorganization law advisory range is complemented and completed by the cooperation with our other areas of expertise such as labor law, M&A, corporate law, commercial law and IP. Thus, we are able to put together an individual team of experts to fit your needs.