Insolvency, reorganisation and restructuring
Acquiring a company in crisis – distressed M&A
Special rules apply when acquiring a distressed business. Those who understand them have access to unimagined legal opportunities for reorganization and restructuring. We advise you, as the corporate buyer, in negotiating contracts with the owner or the insolvency administrator, we represent you in tendered market testing and M&A processes, from signing and closing to implementing post-merger measures.
Business partners in crisis – protecting the creditors’ interests
When your contractual partner becomes insolvent, the most pressing objective is to safeguard your interests, rights, and claims. If you are a supplier, we handle your retention of title; if you are a creditor with liens or other security interests, we support you in enforcing them. Using the full breadth of our expertise, we support you in defending against rescission claims on the part of the liquidator.
Companies in distress
We provide counsel in creating financial plans, solvency analyses, survival forecasts, and restructuring plans. We are also there during meetings with banks. Given the appropriate conditions, we will arrange to institute insolvency proceedings on your behalf and provide timely guidance in advance for the necessary transition to “insolvency management.” We support and guide you through the insolvency and provide precise and comprehensive advice with a view to preparing a restructuring plan.
Owners – Shareholders – Institutions – Consultants – Auditors
The interests of owners and shareholders also need to be protected. They may not always be aligned with those of the company when it finds itself in financial difficulties. We advise on measures to strengthen equity capital, but also in shareholder loans.
The responsibilities involved in holding a position as managing director or member of the advisory board can also give rise to liability. This makes a timely and properly executed transition to “insolvency management” advisable when the legal requirements are in place. If claims for compensation have already been lodged against you, we will support you in your defense. Consultants and auditors number among our regular clients in this context.
Serving as an insolvency administrator
The courts regularly appoint us to serve as insolvency administrators. Among other cases, we have served in the high-profile major insolvencies of recent years (such as Quelle, dayli = Schlecker Austria, Wozabal). Knowing the insolvency administrator’s perspective and knowing “what makes him tick” has often proven to be helpful when we represent creditors or have submitted a takeover bid to the insolvency administrator on behalf of a competitor regarding the insolvent company.