Restructuring and Insolvency Law
We are one of the few law companies in Hamburg, Northern Germany and nationwide that disposes of proven insolvency and restructuring expertise without simultaneously conducting insolvency administration. This enables us to provide independent and trustworthy crisis counseling for our clients. The personal burden managing directors and medium-sized entrepreneurs are facing in economic difficulties is considerable. The fast, legally safe and individual support during such periods is the core subject of our restructuring and insolvency counseling.
To avert their own liability risks, managing directors, management board members and supervisory board members must be able to recognize impending corporate crises at an early stage and be adequately informed in factual and legal terms to take the right decisions. The higher and highest court rulings on the liability of executive bodies, auditors, but also on tax and legal advisors, have been tightened in recent years. The regular analysis of this case law by our specialised lawyers is decisive for our effective preventive advice.
For more than 20 years, M&P has gained experience in avoiding insolvency and in accompanying strategic insolvency cases in different economic sectors. Our restructuring portfolio includes companies from the wholesale and retail trade, printing and publishing, renewable energy, financial services, the health care sector, textile and fashion, automotive suppliers, soft- and hardware as well as real estate and movable property funds, to name but a few.
Our advice on insolvency law is often requested by clients at the very beginning when drafting financing agreements (e. g. credit, factoring, leasing or mezzanine agreements) and security concepts as well as any form of performance-related agreements (e. g. licensing, cooperation and supply agreements) to avoid potential insolvency contestation cases. The examination and design of contracts and general terms and conditions resisting insolvency are our core business. The structuring of intra-group financing agreements (e. g. in cash-pooling structures) is also part of the consulting scope of M & P.
In the existential corporate crisis, our counseling services extend to far-reaching questions of liability law, labour law and strategy. We focus on the initial legal assessment and subsequent examination of the reasons for insolvency (over-indebtedness, threatened or actual insolvency). Within the scope of our holistic advice, we see ourselves as a sparring partner for our clients and support (financial) board members and managing directors not only in the preparation and legal evaluation of integrated financial planning, but also check the crisis-relevant documentation in the company and its relevance for liability. This means for example, examining minutes of the management board and supervisory board, presentations, ongoing correspondence with creditors and – if necessary – insolvency applications.
We also assist our clients in the context of strategic/technical insolvency proceedings, insolvency plan proceedings, going concern solutions and orderly silent or open liquidation proceedings.
If shareholders and executive bodies are faced by claims of insolvency administrators in case of insolvency avoidance proceedings or allegations of insolvency procrastination M & P supports them (also procedurally), carries out expert (criminal) legal examinations of insolvency liability facts and develops creditor and debtor strategies.
In addition, our company takes on the appropriate representation of creditors’ interests and the enforcement of claims against insolvent contractual partners (including the enforcement of extended reservations of title, batch tracing, formation of supplier pools).
If desired experienced management consultants with whom we have worked reliably for many years will be involved into the economic analysis of the company and the preparation of a business restructuring case.
The internal and external advanced training of our restructuring team is supplemented by giving advanced training events (e. g. for the DeutscheAnwaltAkademie) and perform as university lectures.
- Examination of reasons for insolvency (over-indebtedness, threatened or actual insolvency)
- Insolvency avoidance and insolvency filing strategies
- Transferred remediation or containment solutions
- Examination and design of the insolvency resistance of contracts and general terms and conditions
- Enforcement of creditors’ claims and security rights (rights of separation and segregation) in insolvency, including batch tracing in case of extended reservation of title
- Preparation of insolvency plans and support of entrepreneurs during the reorganization in protective shield proceedings in
- Own management (according to ESUG)
- Credit arrangements in the run-up to and during insolvency
- Structuring of intra-group financing (cash pooling structures, granting of loans within the group)
- Review of counterparty risks in collateral agreements
- Support of shareholders and executive bodies in the event of claims by insolvency administrators
- Expert (criminal) legal examination of insolvency liability – portfolios
- Development of creditor and debtor strategies
- Accompaniment of remediation concepts according to IDW S6
- Representation and enforcement of interests towards insolvent contractual partners
- Accompaniment of business transfers according to § 613a BGB
- Creation and management of supplier pools
- Support in the search for investors