Insolvency Law and Restructuring
For distressed companies, special provisions apply: In addition to general obligations under corporate law, specific obligations under insolvency law have to be observed by the management. In case of insolvency/over-indebtedness, a petition for insolvency proceedings has to be filed. Subsequently, the company is controlled by an insolvency administrator who is responsible for an orderly reorganization or liquidation and equal treatment of creditors. Therefore, the administrator has options within the limits of insolvency law which are essential for a value-added liquidation or successful reorganization, if used selectively and deliberately.
We have extensive experience for many years in all closely related questions of insolvency business and corporate law. We advise our clients on reorganization and -financing, offer representation in insolvency and reorganization proceedings before court and support them in their professional preparation. Furthermore, we also advise on the acquisition of companies, or divisions thereof, being part of insolvency assets as well as on the subsequent restructuring and reorganization. We committedly represent creditors in insolvency proceedings in order to attain best possible satisfaction of the claims asserted and to enforce securities. For many years, we can refer to our experience regarding the representation of major creditors, such as banks, for which we perform their duties as members of creditors’ committees. Our counseling and service always cover related legal areas such as labor law, corporate law, banking law, antitrust law and specifically regulated areas. We then consult our in-house legal experts of the relevant areas.
Our clients profit from our wide experience and expertise from our long-time practice as court appointed insolvency administrators in numerous major insolvencies. As a result of these activities, we are very familiar with the practice of insolvency courts, creditor protection associations as well as insolvency and enforcement departments of tax and other administrative authorities; additionally, our experience helps us to predict and to understand the insolvency administrator’s actions when representing and advising. This allows us to offer our clients customized and practical solutions at any time.