INSOLVENCY LAW
Our insolvency law practice focuses on advising national and international creditors before and during the insolvency of a business partner. Timely advice can set the course at an early stage so that the business partner can find its way out of the crisis or at least one can minimise the risks to its own business operations.
When provisional insolvency proceedings are ordered, or at the latest when insolvency proceedings are opened, the appointment of the (provisional) insolvency administrator results in a change in the persons acting.
We support you in enforcing your interests and claims. A further focus of our activities is the defence against insolvency rescission claims. Foreign companies in Germany are also regularly exposed to claims for repayment under insolvency law – we have extensive experience in advising and defending these companies.
We support you in enforcing your interests and claims. A further focus of our activities is the defence against insolvency rescission claims. Foreign companies in Germany are also regularly exposed to claims for repayment under insolvency law – we have extensive experience in advising and defending these companies.
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We can assist you in these areas:
- Preventive and crisis-proof contract drafting
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Advice on insolvency in the supply chain
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Representation in insolvency proceedings, self-administration as well as protective shield proceedings including assertion of mass and insolvency claims as well as separation and segregation rights
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Out-of-court and judicial defence of insolvency challenges and their enforcement for insolvency administrators
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Purchase and sale of companies from insolvency
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International insolvency law
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Focus on insolvency law
In a decision published in March 2021, the Federal Court of Justice clarified that the obligation of any liability insurer to assume liability must be examined separately even if a claim for damages is established in the insolvency table.
In recent rulings in connection with the Wirecard committee of inquiry, the Federal Court of Justice has clarified that insolvency administrators are entitled to release professional secrecy holders such as auditors, tax consultants and lawyers from the duty of confidentiality insofar as the matter concerns the insolvency estate.