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.
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
- 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