Find Lawyers in Germany for Restructuring and Insolvency Law
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Restructuring and Insolvency Law - Germany
About this Practice Area
Founder and senior partner of HERMANN Rechtsanwälte Wirtschaftsprüfer Steuerberater. Experienced specialist in restructuring and insolvency matters of all kind. Counsel for many clients, including entrepreneurs an high-profile companies. Mr Bähr specialises in the field of insolvency administration and reorganisation advice. He has been a court-appointed insolvency administrator for 19 years. Within the Rhein/Main area as well as in the East German Federal States and in lower S...
Born in 1972, Law School University of Munich (first state examination 1998). Additional studies of business administration at the University Hagen. Doctorate in 2006, certified specialist lawyer for labour law since 2006, certified specialist lawyer for Corporate and Commercial Law since 2021.
Dr Thorsten Bieg advises national and international companies, creditors, investors and suppliers/customers in situations of crises. He specialises in the areas of insolvency law and restructuring, legal, financial and accounting reorganisation, trusteeships, corporate law, mergers & acquisitions and advice in times of crisis.
Frank Büchler is a lawyer and partner at Friedrich Graf von Westphalen & Partner in Freiburg. He specialises in restructuring and insolvency law. He is a member of the Expert Committee on Banking and Capital Markets Law of the Freiburg Bar Association, the Working Group on Banking and Capital Markets Law in the DAV and the Bankrechtlichen Vereinigung - Wissenschaftliche Gesellschaft für Bankrecht e. V. He speaks German, English and French.
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 ...
born in Calw 1994-1999 Graduate Studies at Johann Wolfgang Goethe-University in Frankfurt am Main 1999-2000 Graduate Studies at University of Exeter, LL.M. European Legal Studies 2002-2003 Freshfields Bruckhaus Deringer in Frankfurt am Main 2004 PhD thesis supervised by Prof. Dr.Manfred Weiss, University of Frankfurt/Main on “The impact of human rights on Labour Law in Germany and England.” 2003-2011 Lawyer and since 2009 Partner at Beiten Burkhardt Rechtsanwaltschaftgesellschaft ...
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...
Dr Malte Köster is founding partner of WILLMERKÖSTER, one of the leading law firms in Germany, specialized in Insolvency and Restructuring Law. He has been a certified lawyer for insolvency law since 2008, after his studies at the Universities of Münster, Liverpool, London and subsequent doctorate at the University of Cologne. He has been chairman of the Insolvency Law Specialist Committee of the Hanseatic Bar Association Bremen since 2011. Dr Köster has been appointed as ...
CV Since 2011 shareholder and managing director at LW TAX Lemaitre Wittkowski GmbH, Munich 2005-2010 equity partner at RP Richter, Munich, merged now with BakerTilly, head of international tax, M&A tax 2002-2004 senior associate at P+P Pöllath + Partners, Munich 1998-2002 associate at Peters Schönberger, Munich 1998 University of Cologne (MBA, taxation, audit, tax law)
Renate is a Partner at Andersen in Germany and head of the legal department of the Leipzig office. Qualified as a lawyer and a Lizentiatin der Wirtschaftswissenschaften (Diploma in Business Administration) she looks back on about 20 years of experience in advising on restructuring matters, insolvency and liquidation proceedings as well as NPL and real estate transactions. She started her professional career with Haarmann, Hemmelrath & Partner were she became a partner, before being a foun...
Markus Neumaier is a partner in the Munich office. His main activities are in Corporate, Insolvency Law and Dispute Resolution. As member of our Munich legal expert team since 1995, Markus Neumaier primarily specializes in cases of company, insolvency, bank and civil procedural law. His legal advisory and representative services cover virtually every aspect of company law, especially in corporate crisis and insolvency matters. He provides legal support to companies and their managers (executi...
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...
Alexander Saueracker has been a lawyer since 2005 and since 2016 a THEOPARK founding partner. He specializes in commercial and distribution law, insolvency law, conflict resolution, and M&A. For many years, he was member of a large, internationally active commercial law firm where he was a partner and head of the practice group for litigation / arbitration. He speaks German and English.
Rainer Schaaf, LL.M., partner, is an expert for insolvency law specialized in legal support of distressed M&A deals. He has also special expertise in asserting and defending insolvency claims as well as supporting restructuring procedures. In addition, he has extensive experience in banking and finance law as well as in commercial law. He is a member of the steering committee of the work group Reorganisation, Restructuring and Insolvency of the Juristische Gesellschaft Mittelfranken zu N&...
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...
Dr Martin Stockhausen has concentrated on banking law, corporate law and insolvency law since beginning his career as a lawyer. After founding Sozietät GÖRG, Dr Stockhausen focused on advising and representing (primarily institutional) creditors and debtor companies in situations of crises, while at the same time building up a separate department in the firm for advising credit institutions. Assisting debtor companies has included taking on managerial or executive functions (e.g. in...
Dr Lucas van Randenborgh is Partner at BEITEN BURKHARDT's in Dusseldorf, member of the Practice Group Corporate / M&A as well as Co-Head of the Practice Group Assets, Succession and Foundations. His area of activity comprises company restructuring, Mergers & Acquisitions, company succession, foundations and tax law. He advises his national and international clients especially with regard to tax expedient structuring of company expansions and restructure measures and disposes of a broa...
born in Münster 1989-1990 Graduate Studies at University of Manitoba in Winnipeg, Canada 1990-1995 Graduate Studies at the Free University of Berlin 1995-1997 Research assistant in civil law, commercial law, law theory and methodology under the supervision of Prof. Dr. Leenen, Freie Universität Berlin 1999-2005 Lawyer at Haarmann, Hemmelrath & Partner, partner since 2002, Head of Practice Group Labor Law since 2005 2002 Certified labor and employment law specialist 2006-2008 Par...
Restructuring and Insolvency Law Definition
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.
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