Specialised

Crises & Restructuring

In crisis situations, board members and shareholders are compelled to act quickly. We advise on restructuring and financing options, support the implementation of business management concepts and provide legal advice above all on the avoidance of liability.

If insolvency actually occurs, specialised advice on insolvency challenges and existing action obligations and options is required. A possible sale of the business out of insolvency can be safely realised only with insolvency law know-how. To cover those special issues capably, we have integrated insolvency law experts into our corporate team.

We also have considerable practical experience in insolvency restructuring cases from our regular work on creditors‘ committees both in self-administration and regular insolvency proceedings.

In a crisis or insolvency of business partners of our clients, we claim security rights punctually and consistently. From long experience, we know how creditors act and must react in the various procedural stages in order to avoid loss of receivables and frustration of security rights.

With our group law expertise, we also identify co-liability of shareholders, board members or other group companies of an insolvent company which are not obvious (e.g., because of intervention threatening survival or inadmissible exercise of influence) and enforce or defend these for our clients. Insolvency administrators and other parties to the proceedings value our special expertise at the nexus between insolvency and corporate law and regularly instruct us to report accordingly on the realisation of corporate or group law claims and/or their enforcement or defence in court. We advise managing directors and board members on the performance of their duties according to the Company Stabilisation and Restructuring Act.

In restructuring investment companies by insolvency plan or on another basis, we ensure the best possible vindication of the shareholder’s position and the operative strategic interests of our clients.

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