Legal Areas

Insolvency Law & Restructuring

BEITEN BURKHARDT is listed as "TOP Law Firm 2021" in the field of "Restructuring".

(WirtschaftsWoche 2021)

We advise companies, management bodies, shareholders, and investors during restructuring, in legal disputes relating to insolvency, and at all stages of distressed M&A. Insolvency administrators call on us for support in ongoing insolvency proceedings and complicated court disputes. We work closely with our colleagues in corporate law, M&A, litigation, accounting, and auditing.

Restructuring of companies

Companies can find themselves in difficulties for various reasons: a slump in sales, excessively high debt, liquidity problems, the loss of customers, or refinancing risks. Restructuring must address these issues to achieve long-term stability. Early action and thorough scrutiny will help get a company back on track. We support you throughout every phase of restructuring, so you can concentrate on your company’s success. 

At a glance: 

Avoidance of risks:

  • Advising directors and management boards on escaping liability
  • Advising directors, management and supervisory boards on avoiding recourse from insolvency administrators for breaches of duties prior to insolvency or due to the (ostensibly late) application for insolvency
  • Assessing grounds for insolvency (inability to pay, overindebtedness) from economic and legal perspectives 

Reduction of costs:

  • Measures to secure liquidity (e.g., sale of capital assets, business units, sale & leaseback)
  • Redundancies, including negotiating the reconciliation of interests and social plans

Continuation of the company:

  • Debt and loan restructuring
  • Preparing and assessing restructuring concepts (e.g., under the Guidance on Requirements of Restructuring Concepts of the Institute of Public Auditors in Germany, IDW S 6)
  • Advising on restructuring out of insolvency (including under the Act on the Stabilisation and Restructuring Framework for Companies, StaRUG)
  • Advising on insolvency, debtor in possession, and protective shield proceedings
  • Drafting and developing insolvency plans to rescue the company
  • Developing financing concepts

Advising insolvency administrators

As an insolvency administrator and trustee, you skilfully restructure insolvent companies with the aim of satisfying creditors as much as possible. We support you – happily as your legal department – during provisional proceedings and after the opening of insolvency proceedings so that you can optimally oversee procedures both economically and legally. 

Our focus: 

  • Distressed M&A 
  • Developing and analysing insolvency plans
  • Providing organisation and support for continuing operations during insolvency
  • Determining and enforcing liability claims and rights of appeal
  • Insolvency tax law
  • Insolvency labour law (including insolvency plans, mass redundancies, and transfer companies)
  • Developing and negotiating convenience and extended DIP financing
  • Structuring fiduciary arrangements
  • Insolvency administrator liability / professional liability insurance

Advising creditors

As a creditor, you are faced with how to avoid a loss from bad debts and how best to enforce your claims, especially when a contractual partner is insolvent. We provide you with comprehensive advice on the alternatives to ensure the insolvency of a business partner does not result in a crisis for your company. 

Asserting claims:

  • Reviewing and enforcing security interests
  • Providing representation in creditor committees and supplier pools
  • Lodging claims

Loss prevention:

  • Negotiating continuation agreements
  • Collateral security for supply chains
  • Defending you against legal challenges
  • Drafting contracts optimised for insolvency