Insolvency & Restructuring
We provide comprehensive legal advice in corporate crises and insolvency situations – from strategic realignment to the legally sound structuring of contracts and collateral.
We support distressed asset transactions, defend against insolvency-related claims, and assist creditors in enforcing their rights. Our focus is on developing restructuring strategies that help avoid insolvency wherever possible.
Our Expertise in Detail
Strategic Advice for Companies in a Crisis
In economically challenging situations, we work with companies to develop individual strategies to recognize crises early and manage them sustainably. We analyze business models, identify legal and financial risks, and design tailored solutions for stabilization and strategic repositioning.
This includes developing restructuring plans, optimizing financing structures, and advising on communications with creditors, business partners, and investors.
Review of Insolvency Resilience of Contracts and Collateral
In times of crisis, it is crucial to assess contracts and collateral for insolvency resilience to avoid legal risks and later challenges. We analyze contractual arrangements and security instruments – such as guarantees, pledges, or security transfers of ownership – to ensure their effectiveness in an insolvency scenario.
We identify weaknesses, assess contestation risks, and develop legal solutions to safeguard agreements and securities.
Distressed M&A and Transactions during Insolvency
We support investors and companies on acquiring businesses in crisis or during insolvency proceedings. We assess legal risks, analyze contractual frameworks, and draft purchase agreements that are both enforceable and economically sound.
We clarify liability issues, minimize contestation risks, and support negotiations with insolvency administrators, creditors, and other stakeholders.
Defense against iInsolvency-Related Claims (e.g. Clawback, Management Liability)
We defend companies, managing directors, and board members against insolvency-specific claims, including clawback actions and liability lawsuits. We assess the legitimacy of claims, develop legal defense strategies, and represent clients both out of court and in litigation.
We analyze financial flows, assess legal risk exposure, and determine the scope of personal liability. We also support executives in defending against personal liability claims brought by insolvency administrators.
Creditor Representation: Minimizing Defaults and Enforcing Claims
We help creditors protect and enforce their claims in crises and insolvency situations. We assess existing security arrangements, identify risks, and develop legal strategies to reduce default exposure.
We assert claims against debtors, conduct negotiations with insolvency administrators, and represent creditors in formal proceedings. We also ensure that creditors can assert their rights early and effectively during insolvency proceedings.
Out-Of-Court Restructuring and Insolvency Avoidance
We assist companies in identifying crises early and developing sustainable restructuring solutions outside of insolvency proceedings. We analyze financial health, identify weaknesses, and implement specific measures to restore liquidity and stabilize operations.
We support financing restructurings, negotiate with creditors, and develop restructuring concepts that are both legally secure and economically viable.
Self-Administration and Protective Shield Proceedings
We support companies in preparing and executing self-administration and protective shield proceedings to enable restructuring under their own leadership. We support the preparation of legally compliant insolvency plans, development of restructuring concepts, and fulfillment of all statutory requirements.
We advise executive management on strategic alignment, manage communication with creditors and insolvency courts, and support negotiations with investors and financing partners. We ensure that all procedural steps are implemented transparently and efficiently.