HEUSSEN provides the services of lawyers specialised in insolvency law to advise on all legal issues when a company is in a crisis or insolvent.
The focus of our services is on:
- Advising when a company is in a crisis so as to avoid the company’s insolvency and to avoid personal and criminal liability, with which the management, the supervisory board, the shareholders and the creditors may be threatened
- Advising on the company’s structuring and sale as well as on preparing insolvency proceedings
- Avoiding grounds for insolvency (e.g. through letters of comfort, subordination, the waiver of claims, deferral of payment, write-down of capital)
- Preparing risk analyses on the effects/risks of insolvency proceedings for shareholders, management and creditors, e.g. the risk associated with any equity-replacing payment by a shareholder
- Securing claims in case of insolvency (in particular for banks and shareholders)
- Representing creditors (in particular when asserting their rights to have assets separated out of the insolvent estate (Aussonderungsrechte) and their rights to have assets separately allocated for the purposes of preferential satisfaction (Absonderungsrechte), registering the debts for entry in the schedule of creditors’ claims, conducting and assisting in negotiations with the receiver)
- Defending the management, executive board, supervisory board, shareholders and creditors against claims by the receiver
- Advice and representation in connection with voidable acts by the insolvent company
- Advice on cross-border cases involving international insolvency law
- Preparing and implementing the liquidation of companies
In addition we also advise private individuals on debt-relief (especially former shareholders/managing directors of insolvent companies with the aid of con-sumer and regular insolvency proceedings besides proceedings for an insolvent debtor to be discharged from liability for remaining debts as well as through out-of-court compositions and insolvency plans).
