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INSOLVENCY LAW

In the areas of insolvency and reorganisation law, our specialised lawyers advise you in all legal questions arising in a crisis or in case of insolvency of either companies or private individuals.

We mainly focus on:

  • Advice on the avoidance of a company’s insolvency as well as personal and criminal liability, which might threaten the management, supervisory board, shareholders and also the creditors in the crisis of an enterprise
  • Advice on the reorganisation and disposal of the company during a crisis or, respectively, during the acquisition of an insolvent company or part of a company from the receiver
  • Preparation of insolvency applications
  • Advice on the avoidance of grounds for insolvency (e. g. through a debt-equity swap, comfort letter, subordination or waiver of claims, deferral of payment, reduction of capital)
  • Preparation of risk analyses with regard to the effects / risks of insolvency proceedings for shareholders, management and creditors, e. g. explanation to the shareholders and third parties concerning the risk of legal challenges connected with services / payments effected by the company during the crisis
  • Measures for securing the claim of creditors in case of insolvency of the debtor
  • Representation of creditors (especially when asserting their rights to have assets separated out of the insolvent estate (Aussonderungsrechte) and their rights to have assets separately allocated for the purpose of preferential satisfaction (Absonderungsrechte), registration of claims in the insolvency schedule, conducting and accompanying of negotiations with the receiver)
  • Defence of management, executive board, supervisory board, shareholders and creditors against claims made by the receiver
  • Advice on cross-border matters in the area of international insolvency law
  • Preparation and implementation of liquidation of companies
  • Advice and representation of receivers in the enforcement of their claims

Moreover, we advise private individuals in the redemption of their debts – especially former shareholders and managing directors of insolvent companies – using the consumer insolvency procedure or the regular insolvency procedure in addition to the residual debt relief procedure and through out-of-court settlements and insolvency plans.