Restructuring & Insolvency

Restructuring & Insolvency

Crises often strike companies and their stakeholders unexpectedly. Additionally, the complexity of crises is constantly increasing, for example, due to heightened regulatory conditions and the growing globalization of supply chains. Therefore, crisis management requires a reliable and experienced partner. With our multidisciplinary team, we support you in preventing crises and in acting quickly and effectively in case of a crisis, regardless of whether you are affected as a corporate body, shareholder, creditor, or business partner.

Restructuring & Insolvency

Comprehensive consulting for us begins even before the crisis. We support you in recognizing signs of a crisis and developing preventive countermeasures as early as possible. In the event of a crisis, we identify the most suitable way out of the crisis with you, considering all possible scenarios, and accompany you on this path. We assist shareholders, creditors, and business partners in preserving valuables as best as possible.

The diverse qualifications and experiences of our team enable us to analyze your situation from legal and economic perspectives, placing us in an ideal position to guide you transparently in every aspect. In this process, we also apply our practical experiences in dealing with crises, including expert assessments and insolvency proceedings.

Furthermore, our understanding of the interests of stakeholders makes us uniquely qualified to lead negotiations in crisis situations.

With our range of services, we are therefore a partner for all stages of a crisis and for all stakeholders.

We support your company in strengthening corporate fitness in good times and fully maintaining it in situations close to crisis. 

  • We assist you in developing and implementing early warning systems. 
  • We help you analyze potential causes of crises and develop defensive strategies. 
  • In conglomerate structures, we develop barriers to isolate parts of the conglomerate from crises in other areas of the group. 
  • Together with you, we create concepts for restructuring and turnaround and implement these preparations for turnarounds. 
  • As creditors, we support you in analyzing risks regarding business partners, especially with a focus on effectively securing claims in the event of insolvency. 
  • We advise shareholders on optimal financing structuring and reducing the risk of recapture, especially in conglomerate structures.

We support your company in securing its existence and strengthening its competitiveness. 

  • We advise you on optimizing liquidity management and financing structure. 
  • We support you in the legal and tax conception and implementation of individual restructuring measures. 
  • We accompany you in structuring capital measures and transformation processes.
  • To avoid liability risks for companies, bodies, and stakeholders, we prepare restructuring reports according to the IDW S6 standard of the Institute of Public Auditors in Germany, review these as second opinions for stakeholders, and accompany you during the restructuring, e.g., in monitoring or reporting.

As a crisis escalates, companies now have a variety of options for comprehensive self-managed restructuring, including out-of-court restructuring, (classic) regular insolvency proceedings, StaRUG restructuring proceedings, and protective shield or self-administration proceedings under the Insolvency Code. Choosing the right procedure is key to successful restructuring. We use our experience to identify the appropriate procedure together with you and guide you through it. 

If it becomes apparent that restructuring or insolvency proceedings are necessary, this can lead to a divergence of shareholder and company interests. We support shareholders in such situations to best preserve their stake value. 

Creditors are challenged to enforce their rights in restructuring and insolvency proceedings. It is crucial to act early and purposefully. Knowing the interests of the opposing party is a decisive advantage. Our long-standing experience from numerous procedures on both debtor and creditor sides enables us to efficiently enforce your rights. 

In the area of out-of-court restructuring:

  • Restructuring reports according to IDW S 6 
  • Independent second opinion 
  • Restructuring and insolvency plan 
  • Continuation forecast 
  • Confirmation of lack of insolvency for a protective shield procedure

If a (partial) sale of the company or its business operations or the closure and winding up of a company (part) is the most economically sensible solution, we accompany you in this process with our comprehensive expertise in the sales process.

On the other hand, buying a company in crisis and its subsequent restructuring can be an interesting investment. We also support you in conducting due diligence and in the legal and tax conception of the purchase process, keeping an eye on the risks involved in such a transaction in legal and tax matters.

If judicial disputes arise in connection with crisis management, during restructurings or restructuring or insolvency proceedings, we support your company, organs, or shareholders in the extrajudicial and judicial enforcement and defense of claims. In this regard, we advise and represent you particularly in the following areas: 

  • Group liability 
  • Shareholder liability 
  • Managing director/board/supervisory board liability 
  • Insolvency challenge

Kontaktieren Sie uns!

Roman-Knut Seger

Roman-Knut Seger

Lawyer | Partner | Certified insolvency law specialist
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