We advise our clients as to aspects of restructuring. This may take place pre-emptively, in order to avert the onset of insolvency (including by means of statutory insolvency protection measures) as well as during insolvency proceedings. Our expertise covers the full spectrum of legal areas relevant to restructuring, notably employment and labor law, financing, corporate law as well as insolvency and bankruptcy rules.
- Advice for the restructuring of credit providers (drawing up documentation, including inter-creditor agreements, avoidance of liability for delays in filing for insolvency, monitoring compliance with the restructuring plan, provision of security)
- Restructuring of balance sheet liabilities / refinancing (drawing up documentation, negotiations, assistance with the arrangement of distressed asset financing thanks to our comprehensive network of partners)
- Negotiation with banks and other providers of debt capital
- Advice for turn-around investors
- Advising clients on two-way trusts (doppelnützige Treuhand) and other shareholder-driven restructuring measures
- Negotiations with creditors
- Distressed M&A
- Compliance advice, particularly for managing directors to avoid liability but also for the sake of management and supervisory board members
- Ensuring compliance with recording and reporting obligations (covenant compliance in the case of restructuring loans; ensuring that business decisions are duly recorded as legally required)
- Assessment and enforcement of claims against corporate bodies
- Advice for interim managers (drafting of employment contracts, advice in connection with D&O insurance, defending against liability claims, assistance in finding interim managers thanks to our comprehensive network of partners)
- Advice to clients on two-way trusts (»doppelnützige Treuhand«) and other shareholder-driven restructuring measures
- Contracts for two-way trusts (»doppelnützige Treuhand«)
- Distressed M&A
- The monitoring of insolvency filing obligations
- How to avoid liability during all phases of restructuring
- Insolvency management, including conduct of insolvency protection proceedings under German corporate restructuring legislation; selection of trustees
- Defending against claims brought by insolvency administrators, including those seeking to challenge the insolvency
- Establishing and enforcing claims against the insolvency assets
- Bringing claims against insolvency administrators for breach of duty
For further information please contact
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Dr. Adrian Müller-Helle
> Corporate Law Advice for Restructurings, Insolvency Law Advice for Restructurings
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Mario Wegner
> Restructuring of Balance Sheet Assets and Liabilities, Corporate Law Advice for Restructurings, Insolvency Law Advice for Restructurings
