Insolvency Law & Restructuring
Insolvency law constitutes part of commercial law and includes, as detailed in the German Insolvency Code (InsO), the substantive and procedural regulations relating to the insolvency or over-indebtedness of a company or private individual. Based on the legal provisions, it is decided whether companies in a financial crisis must leave the market or whether they may continue to operate in the market. The procedural framework for this is provided by the insolvency proceedings, the purpose of which is the joint satisfaction of the creditors (so-called “Gesamtvollstreckung”). This is done either by realising the debtor’s assets and distributing the proceeds, or by means of deviating regulations set out in an insolvency plan, which may have the aim of preserving the company. The objective is to give honest debtors the opportunity to eventually clear their remaining debts through a discharge of residual debt.
Our Expertise and Services in the Area of Insolvency Law & Restructuring
- Advising companies and corporate bodies at a time of crisis
- Advising shareholders, insolvency administrators or investors on the sale and acquisition of companies in crisis and insolvency (distressed M&A)
- Representation of insolvency administrators in the extrajudicial or judicial enforcement of rescission or liability claims
- Advising companies and managing directors regarding the avoidance of potential rescission and liability claims under insolvency law
- Representation of companies and managing directors in the extrajudicial or judicial defence against claims for repayment arising from appeals against insolvency plans or liability claims by insolvency administrators
- Advice and representation of creditors in asserting their claims and interests
- Assistance with corporate restructurings by way of corporate, commercial and employment law arrangements
Our Lawyers Specializing in Insolvency Law & Restructuring
Certified Specialist in Commercial & Company Law
Certified Specialist in Commercial & Company Law
Certified Specialist in Transport & Forwarding Law | Certified Specialist in Employment Law
Certified Specialist in Industrial Property Rights
Certified Specialist in Tax Law | Dipl. Finanzwirt (FH) (Master of Fiscal Affairs)