Business Law

Insolvency Law

Comprehensive advice in insolvency proceedings and corporate restructuring

Insolvency Law - Professional Guidance Through Difficult Times

Insolvency proceedings are complex legal processes that have existential significance for both companies and private individuals. Early and competent advice can be decisive in determining whether a successful restructuring is achieved, whether an orderly wind-down takes place, or whether continued business operations are even possible. We accompany you through every phase of the insolvency proceedings under the InsO (German Insolvency Code) – from the first signs of crisis through filing the petition to the successful conclusion of the proceedings.

Our focus lies both on preventive crisis advice and on professional guidance during ongoing insolvency proceedings. We analyse your economic situation, examine restructuring options, and develop tailored strategies for overcoming the crisis. In doing so, we work closely with auditors and restructuring experts to offer you a holistic solution.

In standard insolvency proceedings, we represent both debtors and creditors and ensure a properly balanced handling of the case. We accompany insolvency-plan proceedings, protective-shield proceedings and self-administration and pay close attention to safeguarding the rights of all parties involved. Particularly where business operations are continued, we develop creative solutions to preserve jobs and business relationships.

In the area of personal insolvency, we provide comprehensive advice to consumers on out-of-court settlement attempts, consumer-insolvency proceedings and discharge of residual debt. We examine every option for debt settlement and accompany you throughout the entire process until full economic rehabilitation.

A further focus lies on insolvency-avoidance proceedings, the enforcement and defence of claims as well as advice on debtor-in-possession financing and shareholder loans. We also represent managing directors in liability disputes and advise on insolvency-law compliance duties.

Our specialist lawyer for commercial and corporate law Maximilian Rohrbach has extensive experience in insolvency law and works in a solution-oriented manner even in seemingly hopeless situations. We understand the commercial context and develop pragmatic strategies that are both legally sound and commercially sensible.

Corporate Insolvency

  • Standard insolvency proceedings and self-administration
  • Protective-shield proceedings under section 270b InsO
  • Insolvency-plan proceedings and restructuring concepts
  • Continuation of business operations and asset deals
  • Insolvency-estate liabilities and insolvency money

Personal Insolvency

  • Out-of-court debt settlement
  • Consumer-insolvency proceedings
  • Discharge of residual debt and good-conduct period
  • Attachment protection and P-account advice
  • Debt restructuring for self-employed individuals

Creditor Representation

  • Filing and enforcement of claims
  • Rights of separate satisfaction and realisation of collateral
  • Insolvency avoidance and claw-back claims
  • Creditors' committee and creditors' assembly
  • Shareholder loans and subordination

Crisis Management

  • Early-warning systems and crisis detection
  • Restructuring concepts and reorganisation
  • Liquidity management and financing
  • Director liability in a crisis
  • Standstill agreements and moratoria

Avoidance & Liability

  • Insolvency avoidance under sections 129 et seq. InsO
  • Wilful disadvantage to creditors
  • Director liability under section 15b InsO
  • Existence-destroying interventions
  • Piercing the corporate veil and commingling of assets

International Insolvency

  • European Insolvency Regulation (EIR)
  • Cross-border proceedings
  • Main proceedings and secondary proceedings
  • International recognition and enforcement
  • UNCITRAL Model Law and foreign law

Your contact

Maximilian Rohrbach

Maximilian Rohrbach

Specialist Lawyer in Commercial and Corporate Law

Book a consultation

Key Deadlines

Insolvency petition: At the latest 3 weeks after the onset of illiquidity
Over-indebtedness: 6 weeks after determination for legal entities
Avoidance period: 2 years for intentional disadvantage of creditors
TÜV ISO 9001 certified