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Practice Area

Insolvency Law

Crisis advice, liability of managing directors and management board members, defence against avoidance claims, debtor-in-possession proceedings (Eigenverwaltung) and insolvency plan proceedings.

Your contact

Philipp-Alexander Wagner

Lawyer, Insolvency Administrator

All lawyers

Services

What we do

In insolvency law, one thing matters above all: fast, clear orientation in a crisis. We advise both companies and their contractual partners and guide you through the questions that are decisive in your situation.

For companies facing a crisis

When a crisis looms, management and the management board face many questions in connection with possible insolvency proceedings - in particular regarding their own liability. We examine whether there is a duty to file for insolvency due to illiquidity or over-indebtedness and, in parallel, develop restructuring measures to remedy this situation.

Advice to management during the crisis phase
Review of grounds for filing for insolvency, such as illiquidity or over-indebtedness
Development of restructuring measures to remedy illiquidity or over-indebtedness
Contract drafting in crisis situations and sale by way of a share deal or asset deal
Liability advice for managing directors and management board members
Advice to business owners before and after the filing for insolvency
Advice on debtor-in-possession proceedings and protective shield proceedings (Schutzschirmverfahren)

For companies in a restructuring by way of a business transfer (übertragende Sanierung)

In a restructuring by way of a business transfer, all or some of the assets of the insolvent company are transferred to a purchaser under a purchase agreement, so that the business can be continued outside the insolvent legal entity.

Negotiations with the insolvency administrator in a restructuring by way of a business transfer and contractual implementation of the transfer
Clarification of questions relating to the transfer of undertaking (Betriebsübergang)

For creditors and contractual partners

When a business partner becomes insolvent, the key question for creditors and contractual partners is which claims can still be enforced and what is at stake in discussions with the insolvency administrator.

Representation of creditors in the defence against insolvency avoidance claims
Filing of claims for entry in the insolvency schedule of claims (Insolvenztabelle)
Advice on collateral and its realisation in insolvency proceedings, and assertion of rights of segregation and separate satisfaction (Aus- und Absonderungsrechte) in insolvency proceedings
Representation on the creditors' committee
Advice on the continuation or termination of ongoing contractual relationships with insolvent contractual partners

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