Restructuring &
Insolvency
Crisis prevention, Restructuring & Insolvency
We are accomplished and experienced advisers and representatives to companies in economic distress as well as to their customers, suppliers and investors.
Some of us have also learned the profession of the insolvency administrator from scratch. We are therefore in a position to take any perspective on all insolvency law issues.
Our clients receive professional excellence, hands-on mentality, pragmatism and a keen sense for opportunities and risks.
Regarding the latter, we benefit from our many years of experience in defending and asserting insolvency-specific claims as well as from our expertise in corporate law.
Services
References
Services
Crisis prevention and anticipation of the crisis
- Risk analysis: Identification and avoidance of liability risks for executive bodies and shareholders
- Restructuring strategies: Development of scenarios for the purpose of preservation or safe liquidation of a company
- Strategic advice on possible out-of-court and in-court restructuring measures
- Ringfencing and hedging of healthy parts of companies
- Carve-outs and divestments of parts of companies in crisis
- Corporate restructuring (termination of inter-company agreements (profit and loss transfer agreements), parent guarantuees, transformation measures)
- Questions regarding shareholder financing
- Assessment of grounds for insolvency
Crisis defense and restructuring
- Advising managing directors, board members, CROs, supervisory boards, advisory boards, shareholders and investors in out-of-court and in-court restructuring proceedings
- Advice on restructuring and self-administration proceedings
- Distressed M&A (seller and buyer side)
- Trustee models for restructurings and divestments
- Drafting of restructuring and insolvency plans
Insolvency
- Assuming responsibility (CRO or general representative) for the purpose of carrying out judicial restructuring proceedings (self-administration and protective shield proceedings)
- Defense against and enforcement of insolvency-related claims (claw back actions, managing director liability)
- Enforcement of creditors’ claims
- Enforcement of shareholder’s claims
- International Insolvency Law
References
References *
- Internationally operating company in the event sector: Assistance in matters of corporate and restructuring law in connection with a comprehensive recapitalization and reorganization of a group of companies
- Internationally operating group of companies in the infrastructure sector: Corporate reorganization including termination of inter-company agreements, ringfencing of risks, COMI transfer, carve-out and divestment process
- Restructuring of a medium-sized supplier company in the field of plant engineering / automotive supplier as a general representative by way of a self-administration with an insolvency plan
- Reorganization and restructuring of a German-wide operating group in the health care sector (medical care centers) in the context of a self-administration and an insolvency plan proceeding
- Restructuring of a North German family office (real estate, mines)
- Advising a family office during the restructuring process of the internationally operating group of companies (communication technology), including M&A projects and renegotiation of credit agreements
- Advising on the restructuring and sale process of a leading animal breeding group (out-of-court restructuring with high complexity in the financing field)
- Advising creditors in connection with a cross-border insolvency of a fashion company
- Legal advice on a site restructuring including the development of M&A scenarios as well as the implementation of a future fund
- Sale of a maintenance company in the railroad sector to a Luxembourg financial investor
- Advising the insolvency administrator of a national daily newspaper on the sale of the publishing and printing operations
- Advising the self-administration of a company operating in the plant engineering / automotive supplier sector on the sales process
- Advising a stock-listed media company in crisis
- Advising various automotive suppliers in crisis and/or in the context of an insolvency on the sales process
- Defense of claims in the context of directors’ and officers’ liability in a crisis on a regular basis; industries: automotive, renewable energy, real estate, fashion, retail
- Advising on a complex refinancing and restructuring of a market-leading company in the automotive sector including a debt relief
- Advising a trading company with approx. 230 branches in the context of the insolvency of the parent company; advising on the potential obligation to file for insolvency, on the implementation of a protective shield proceeding as well as on the termination of such proceeding by way of an insolvency plan
*KJK was newly founded on 01.01.2021 as an association of experienced lawyers. The references partly refer to mandates that were handled by KJK partners or employees before the foundation of KJK.