Insolvency

Insolvency administrators can, under certain conditions, reclaim assets that have been transferred out of the insolvency estate. But why is this possible?

Before insolvency proceedings are initiated, it is not uncommon for debtors to transfer some of their assets to specific creditors. This, however, disadvantages other creditors who receive nothing. To address this imbalance, insolvency administrators are empowered to recover such transfers, ensuring equal treatment of all creditors.

Each case is unique and requires individual consideration. For those facing challenges to payments received from an insolvency administrator, we strongly recommend seeking legal advice as soon as a claim is made, even during out-of-court proceedings. Reach out to us early: our experts are here to support, guide, and represent you.

To restructure your business rather than liquidate it, various options are available to you: an insolvency plan, self-administration, protective shield proceedings, and more. But which of these options is suitable for your situation?

These processes involve numerous legal challenges and questions. Regardless of the stage of insolvency or crisis you are in, we provide comprehensive advice on your options and the different types of proceedings. We are also happy to represent you throughout the process.

If the company you represent as a managing director or executive board member becomes insolvent or overindebted, the risk of significant personal liability is particularly high. But from what point exactly are you, as the management of a GmbH (limited liability company) or the board of an AG (stock corporation), personally liable? Where is the line between permissible risk and a breach of duty? What actions are still allowed in the event of a financial crisis?

We are happy to answer these and other questions for you – and thereby sustainably limit your liability risks. Through early legal consultation, liability can often be avoided or at least minimized right from the start of a crisis. Our insolvency law experts support you in managing liability risks and work with you to develop tailored strategies to reduce them.

Even within supply chains, not everything always goes smoothly. Many companies, for instance, have been severely affected by the COVID-19 pandemic and have consequently had to file for insolvency. But what happens to your existing contracts if your customer or supplier goes bankrupt? Is it possible to continue the business relationship when a contractual partner becomes insolvent?

These are pressing questions, and we are here to answer them and assist you in this challenging situation. Our insolvency law experts provide comprehensive advice on all potential risks and protective measures at every stage of the process:

• What steps can you take during the insolvency application or an already initiated insolvency procedure?
• Under what conditions can you claim payment for a delivered service?
• Can you terminate the contract with your supplier in case of payment delays?

Contact us to receive tailored recommendations. Our attorneys are ready to assist you.

You can no longer pay your debts? The mountain of liabilities keeps growing? Come to us – we are here to help.

If your business is heading towards a crisis, we will be your anchor. Our expert insolvency law team advises you on the options available to save your company: What must corporations, sole proprietorships, and self-employed individuals consider when filing for standard insolvency? Which procedure is the right one for you?

The sooner you reach out to us, the more options you will have: Restructuring? Self-administration insolvency, with a restructuring plan, or the classic insolvency procedure? We provide advice and representation – whether you are a GmbH, AG, sole proprietor, or self-employed professional. Our attorneys will guide you through the options best suited for your situation.

To escape their debts, debtors increasingly attempt to relocate to (European) foreign countries. However, they underestimate the power of international enforcement. As a creditor, you are far from powerless.

We handle cross-border debt collection on your behalf and assist you in enforcing your claims abroad. From preparing the necessary legal prerequisites to conducting enforcement measures on-site, we stand by your side with comprehensive expertise and unwavering support.

Once an enforcement title (e.g., a judgment or order) has been obtained, we take over the enforcement process and identify the most efficient way to realize your claim while keeping costs in focus.

For debt enforcement, there are two options:

1. We instruct court bailiffs to seize the debtor’s claims.
2. We initiate garnishment and transfer orders through the enforcement court to access the debtor’s assets.

For real estate enforcement, the process targets immovable assets such as land or buildings. If the opposing party owns real estate, we secure your claims by registering forced mortgages via the land registry. Subsequently, we pursue foreclosure of the property to recover your claims.

When enforcing maintenance claims, we calculate the often complex amounts owed and obtain continuous garnishments that exceed standard garnishment exemptions.

Debt collection involves efficiently enforcing outstanding claims (your financial demands against third parties). This typically arises when invoices remain unpaid. Effective claims management prioritizes speed, efficiency, and low costs. In addition to addressing potential issues such as statutes of limitations, we always keep your economic interests at the forefront.

We provide expert advice and guide you through the entire process. Whether through out-of-court settlements or in judicial proceedings, we represent you effectively. We file applications for payment orders and enforcement orders on your behalf and handle subsequent enforcement actions as well as ongoing monitoring to ensure successful recovery.

We provide effective defense against enforcement opposition claims. If you are targeted by such a claim, we will represent you in court proceedings.

If unlawful enforcement measures have been initiated against you, we will conduct a thorough legal review and take immediate countermeasures on your behalf. Our experts will file enforcement objections and, where necessary, pursue third-party opposition claims and other appropriate legal actions.