Recognising crises in good time and acting professionally is of central importance in such a situation. Especially an imminent or already occurred insolvency of a contractual partner can become an unexpected danger for your company. In exceptional times of a pandemic, the consequences are even more difficult to foresee. With our Insolvency and Restructuring team, we will support you within the shortest possible time in the difficult situation, whether in regular insolvency proceedings, self-administration, protective umbrella or insolvency plan proceedings. We can fall back on proven solutions or develop individual concepts for you.
Our team provides comprehensive advice and process management for you. If required, our experts can supplement their know-how with that of lawyers from other teams, thus taking advantage of the integrated consulting approach of a full-service law firm. Crisis-related tasks are solved directly with case-specific specialist and industry know-how, whether in the field of labour law, corporate law (distressed M&A), criminal compliance (e.g. corporate liability and criminal defence) or the effects on contractual relationships and rights as well as prevention in the context of contract drafting.
With a focus on your business management requirements, we sound out options for action for you, always taking into account the in many respects dynamic requirements of legislation and the relevant Federal Court rulings. Above all, creditors from home and abroad, banks, (credit) insurers, suppliers and service providers or landlords use our expertise. On the board side of companies, both shareholders and management rely on the services of Orth Kluth.
For creditors in particular, it is important to protect their rights quickly – and to enforce them. Even in the event of an impending insolvency of contractual partners, we ensure that the risks are reduced in order to keep financial losses for your company to a minimum. We are at your service in difficult situations: quickly, consistently, efficiently.
Focus on creditor advice in the crisis and insolvency of the contractual partner:
Advice on internal business processes for the realisation of claims; advice on drafting contracts / possibilities of reorganisation during ongoing business relations; advice on continuation agreements; enforcement of claims and any security rights; examination when exercising formulation rights; participation in creditors' committees and creditors' meetings; defence against clawback claims; litigation and process management; training
Focus on advice to corporate bodies:
Advice to management, board members, executives on personal liability and directors' liability; legal disputes and litigation; criminal defence
Focus on supporting companies in crisis and insolvency:
Redevelopment procedures / development of restructuring plans; support for refinancing and rescheduling projects; advice on optimising the investment and / or creditor structure
Focus on consulting for insolvency administrators:
Assertion of liability and clawback claims; legal disputes and litigation; trusteeships for trust models; advice on insolvency labour law
Focus on distressed M&A:
Support in company acquisitions; legal due diligence; design, drafting and negotiation of respective contracts