Find Lawyers in Berlin, Germany for Restructuring and Insolvency Law
Practice Area Overview
Insolvency proceedings are initiated on request when a debtor can no longer use his assets to satisfy creditors at all or at least not on a timely basis. Creditors can be private individuals as well as corporations. The purpose of insolvency proceedings is to come up with the best way to satisfy creditors. In the process, the insolvency code specifically preserves the value of a business by requiring the development of a restructuring plan known as an insolvency plan.
Germany’s new insolvency law (ESUG), established in 2012 reinforces the idea of insolvency proceedings as a lawful restructuring process. It aims at facilitating the restructuring process of a business by giving creditors more say in the choice of insolvency administrators, by clearing the path to self-administration as well as by expanding and streamlining insolvency plan procedures.
For example, if a business facing default or excessive debt files for insolvency prior to reaching the point of insolvency, then that business is entitled under the insolvency code to use the insolvency proceedings as part of its restructuring process. That means, once its motion for bankruptcy has been granted by a court, the debtor is given a self-administration period of up to three months without any enforcement measures under the supervision of a provisional trustee appointed as part of protective proceedings in which the debtor may produce a restructuring plan to be subsequently applied as an insolvency plan.
As a result of the renewed focus on preserving businesses, the new law has further led to increased qualifications and demands for insolvency administrators and for law firms specializing in insolvency administration. In this context, it doesn’t matter whether an administrator is hired as insolvency administrator as part of regular insolvency proceedings or as a trustee as part of a business’s self-administrative restructuring process.
When it comes to preserving and restructuring a business, it’s imperative to perform an analysis of its current assets, financial position and earnings performance. At the same time, the idea is to break down any complex business models into their individual core elements. This analysis provides the foundation for developing a tailor-made restructuring concept. Such a concept incorporates all restructuring options in line with existing insolvency laws, along with ways to eliminate the causes of insolvency as well as reasonable prospects of successfully maintaining a business, while always keeping in mind the best interests of creditors.
In addition to law and business expertise, administrators charged with the short-term implementation of restructuring measures need strong social skills and assertiveness. After all, it takes an administrator who is accepted and respected by all sides to gain both the trust of all parties involved and the support necessary for implementing an insolvency plan that works in putting a business back on its feet.
The ultimate backbone of any administrator is a law firm with its own highly scalable infrastructure of combined law and business expertise. That’s because transparent and efficient work processes and a thorough understanding of project management are all vital to the successful outcome of any proceedings.
Select a location from the list below to find the best legal talent for your needs.
Gordon Geiser is a partner with GT Restructuring. His clients include investors as well as companies in distressed situations and their respective management. Gordon Geiser regularly acts as restructuring advisor to his clients to develop and implement restructuring concepts by means of both debtor-in-possession proceedings and regular insolvency proceedings. He also gets appointed as insolvency administrator. When acting for his clients, Gordon Geiser takes on positions in the management of ...
Christian Köhler-Ma focuses his practice on restructuring and insolvency matters. He is an attorney and insolvency administrator. In addition to working as both insolvency administrator and trustee, he also provides broad advisory services for national and international clients. In his capacity as an advisor, he manages the restructuring of companies in distressed situations as Chief Restructuring Officer (CRO) and assumes management or liquidator positions. Christian has more than 25 ye...
Stefan Proske is a partner of HEUKING KÜHN LÜER WOJTEK since 2012. Before he worked for various law firms in the areas of insolvency administration and pre-insolvency consultation. Today Stefan Proske provides comprehensive legal advice and representation on all legal aspects of crisis/reorganization/insolvency. Besides representation of creditors he regularly advices companies in reorganization, their directors and investors in distressed situations. Stefan Proske regularly publish...
Jesko Stark focuses his practice on restructuring and insolvency matters. He was admitted to the Berlin bar in 2008 and has been regularly appointed as an insolvency administrator and trustee from the courts of Berlin Charlottenburg and Potsdam since 2012. Jesko is admitted as a specialist lawyer for insolvency law (Fachanwalt für Insolvenzrecht) and has ten years of experience in the fields of insolvency and restructuring matters. He advises national and international companies prior to...
Ulrich Weber Attorney Specialists areas : Insolvency law, business law, reorganisation law, corporate law, contract formulation, formation/start-up consulting, company funding, venture capital, participation of employees, consulting for managing boards and supervisory boards on strategic and liability-related issues, consulting to banks and public institutions, consulting to lawyers and freelancers on insolvency law issues and professional admission, many years of experience as receiver in in...
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.