Insolvency Law

Not every crisis must end in bankruptcy. I develop recovery plans to save your company and negotiate with creditors for payment relief, debt forgiveness or subordination. When necessary, I utilize modern restructuring tools like the Corporate Stabilization and Restructuring Act (StaRUG) to enable restructuring outside of bankruptcy. I work closely with restructuring consultants and financial experts.

In ordinary insolvency proceedings, I represent companies in filing applications, creditors’ meetings and before insolvency administrators. I assess whether self-administration makes sense, where the company retains management under supervisor oversight. Additionally, I advise on insolvency plans that enable structured reorganization or business transfer.

Consumer insolvency proceedings offer over-indebted individuals the possibility of a fresh financial start. I conduct the necessary out-of-court debt settlement procedure, file the insolvency application and guide you through the entire process to residual debt discharge. I optimize procedural strategy to obtain debt discharge as quickly as possible.

As a creditor, you must file your claims in insolvency proceedings timely and correctly to receive distributions. I file your claims punctually, critically examine insolvency plans, exercise your rights in creditors’ meetings and assert separation or recovery rights. When justified doubts arise, I challenge the opening of insolvency proceedings or the insolvency plan.

Directors are personally liable when they violate their duties – such as through delayed bankruptcy filing or disadvantaging creditors. I defend directors against damage claims by insolvency administrators and provide preventive advice on avoiding liability risks. Conversely, I examine for creditors and insolvency administrators whether director liability claims can be asserted.

The insolvency administrator can challenge payments and transactions made before bankruptcy. I defend creditors against avoidance claims and assess their validity. For insolvency administrators, I analyze avoidable transactions and pursue them to increase the bankruptcy estate.

When a debtor becomes insolvent, creditors must act quickly. I secure your claims through protective measures, verify ownership and security rights, file claims in the bankruptcy table and monitor asset liquidation. The goal is to maximize your distribution and rapid execution of priority claims.