In insolvency law and in the economic crisis of a company, we advise entrepreneurs, managing directors, shareholders and employees on insolvency law issues. Whether a company itself is in crisis and needs advice on insolvency law, or a contractual partner becomes insolvent and a creditor needs advice on insolvency law with regard to his rights. This could be the case, for example, if payments made are contested by the insolvency administrator. We advise on all these insolvency law constellations.

Even in the run-up to insolvency, the risk of damage can be minimised with conscientious contract drafting. Both the insolvency-proof drafting of contracts and general terms and conditions (GTC) and the agreement of security rights offer insolvency-law options for keeping damage to a minimum. Once insolvency has occurred, we continue to represent creditors' interests in the creditors' committee, if necessary. We support creditors in enforcing their rights against insolvent companies and in defending against avoidance claims.

We advise managing directors on insolvency law issues such as the obligation to file a petition, liability for delaying insolvency proceedings and the insolvency-proof collection of outstanding debts.

If shareholders of a company are affected by its insolvency, the focus of our insolvency law practice is on advising the shareholders as investors and as holders of virtual shares as well as on defending the insolvency administrator's avoidance claims.

In insolvency law we mainly advise on the following topics:

• Advice on insolvency filing obligations
• Initiation and preparation of insolvency proceedings
• Advice to managing directors and executive bodies on insolvency liability issues
  • Managing director liability according to § 64 GmbHG
  • Advice to shareholders
  • Shareholder liability, in particular liability for capital contributions of (former) shareholders
  • Shareholder benefits - shareholder loans and subordinations
  • Equity measures
  • Mezzanine capital measures
  • (Atypical) silent partnerships
  • Sub-participations
• Advice Insolvency law advice to creditors and lenders
  • Advice on business relations with insolvent companies
  • Advice and support in the realisation of collateral
  • Debt capital measures
  • Representation in creditors' committees
  • Advice in the context of insolvency plan proceedings
• Advice on challenges to insolvency by the insolvency administrator
• Negotiations with insolvency administrators
• Examination of contracts and general terms and conditions for insolvency resistance
• Advice on the reduction and avoidance of avoidance risks
• Examination and implementation of measures to eliminate over-indebtedness
  • Negotiation of
    • subordination
    • Reorganisation agreements
    • Waivers of claims
    • Deferment agreements
    • Debt cuts
  • Takeover of insolvent companies (company acquisitions, M&A), drafting and negotiating contracts
  • Sale of insolvent companies, drafting and negotiating contracts