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Insolvency in Germany

Dr Beck & Partner GbR Rechtsanwälte

The 'first-class' Dr Beck & Partner GbR Rechtsanwälte offers a full-service approach. Eight insolvency administrators and 36 lawyers combine legal and business know-how by incorporating expertise from the insolvency, employment, economic and corporate law departments through economists and controllers who exclusively work for the firm. Besides regular insolvency administration, the firm's other core focuses are self-administration, insolvency protection proceedings as well as trusteeships, and the team also specialises in D&O liability. Joachim Exner, the 'highly-qualified and experienced' managing shareholder, is a renowned expert in the administration of international manufacturing companies, especially in the mechanical engineering and automotive supply sectors. Hubert Ampferl focuses on restructurings and reorganisations of insolvent companies, draws up investor solutions and insolvency plans, and as trustee advises on complex self-administration and insolvency protection proceedings. Founder Siegfried Beck acts as insolvency administrator and is an insolvency tax law expert, among others. With a previous focus on the south, the firm increasingly acts throughout Germany.

Testimonials

‘Dr. Beck & Partner is one of the most experienced and professionally profiled insolvency administration firms in Germany and one of the first addresses for large, complex insolvency proceedings, especially in the automotive sector. In addition to the leading partners, there is a strong second level.’

‘Joachim Exner and Dr. Hubert Ampferl are among the leading insolvency administrators in the German market.’

‘First class insolvency administrators, very pragmatic and transparent. Customers, banks and employees value the foresight and experience of the actors involved. Very broad and in-depth knowledge of the entire spectrum of insolvency administration and a resilient team that can play in all positions. In the automotive sector in particular, it is definitely the best insolvency administration firm in Germany.’

‘Joachim Exner and Hubert Ampferl are the most experienced insolvency administrators and have mastered their craft like hardly anyone else – some of the best in their craft. Tobias Wittmann is the rising star. The team managed to gain the trust of all those involved in the process, impresses with its market knowledge that is second to none and the ability to make important decisions very quickly.’

‘Dr. Beck & Partner GbR is one of the most renowned insolvency administration law firms in Germany. The law firm only accepts mandates that are handled by it with a maximum of service and time and that lead to an optimal result. Down-to-earth characteristics such as integrity, reliability and high qualification are very important. When a lawyer receives a mandate, he is also the primary acting person (no delegation to others after receiving a mandate). No “steamy talkers”.’

‘Joachim Exner is highly qualified and experienced, with absolute integrity, a nationally recognized specialist in the automotive (supplier) industry, very reliable, and finds the right line to his negotiating partners.’

‘Dr. Hubert Ampferl is highly qualified and experienced, with absolute integrity and reliability.’

‘Dr. Ulf Pechartscheck and Dr. Raik Kilper are both highly qualified, absolutely reliable and extremely resilient.’

‘Especially in the automotive sector, Beck & Partner are characterized by their excellent market knowledge and presence. The firm’s pragmatic approach is excellent.’

‘Joachim Exner is the automotive insolvency administrator. No one else has mastered the specifics of the automotive business like him.’

‘One of the best insolvency administration law firms in Germany. Dynamic and at the same time very experienced team of insolvency administrators.’

‘Dr. Ulf Pechartscheck – exceptionally qualified, binding, interested in practical and implementable solutions. Rising star of the industry.’

Work highlights

  • EISENMANN Group: Joachim Exner took over the EISENMANN Group as insolvency administrator (a total of nine insolvency proceedings), which, with annual sales of around €760m and around 4,000 employees, is one of the leading international equipment manufacturers and suppliers to the automotive industry. After the economic stabilisation of the EISENMANN Group, a global M&A process was set up.

Flöther & Wissing

The core competencies of Flöther & Wissing, who 'absolutely play in the reorganisational and insolvency-related Champions-League', lie in insolvency administration, self-administration, trusteeship as well as reorganisational advice, restructurings and corporate insolvencies. The boutique firm is particularly well known for large-scale insolvencies. Name partners Andreas Wissing, who has outstanding experience in procedural matters', and 'outstanding' Lucas Flöther jointly head the practice. Flöther is regularly appointed by several courts as insolvency administrator, as well as trustee in self-administration proceedings and regularly advises on large-scale proceedings, such as the Condor Flugdienst GmbH. The firm also has expertise in advising executives, defence against insolvency claims, acquisitions of insolvent companies and restructurings under employment law, among others.

Practice head(s):

Lucas Flöther; Andreas Wissing

Testimonials

‘The team’s many years of experience in large-scale proceedings is noticeable and always has a positive effect on the efficiency of work and order placement. Reachable at any time and usually very short response times for questions. The focus is always on a proportional increase in mass, but always pragmatic.’

‘Mr Wissing’s experience in procedural matters and how he brings them to the fore in relation to the lawyers in charge is outstanding compared to other administrative offices. The availability and competence of Mr. Flöther is also remarkable.’

‘Top insolvency administrator law firm with excellent expertise and networking in almost all national courts. With Lucas Flöther, the law firm has the best insolvency administrator of its generation in its ranks. Fixed among other things in the case of bankruptcies in the airline industry, in which no administrative office has more expertise to offer than Flöther & Wissing.’

‘Lucas Flöther combines excellent administrative know-how, experience and network with the “look and feel” of a large law firm partner. Absolute top level as an administrator but also as a consultant in crisis situations. In our opinion the best bankruptcy administrator of his generation.’

‘Flöther is an outstanding law firm for major cases, not only in the tourism and (flight) travel industry.’

‘Lucas Flöther is one of the leading insolvency administrators in Germany.’

‘Absolute Champions League in reorganization and bankruptcy restructuring. Flöther is a confident mediator who is looking for solutions. Wissing is an excellent lawyer. In the extended team, Christian Beck rounds off the know-how with business expertise. Experience in large mandates. Always reachable, accessible and at the same time respectful in dealing. Extraordinary law firm!’

‘Lucas Flöther: extremely high level of expertise, mediator – knows how to find and implement mediating, economically viable solutions in cases. Wissing: very clear legal understanding.’

Key clients

Condor Flugdienst GmbH

Klinikum Burgenlandkreis GmbH

Air Berlin Group

NIKI Luftfahrt GmbH

SCHIESS GmbH

UNISTER Group

Work highlights

  • Condor Flugdienst GmbH: At the request of Condor Flugdienst GmbH protective shield proceedings with Prof. Dr. Lucas F. Flöther as provisional administrator. Subsequently, in December 2019, the Frankfurt am Main District Court opened insolvency proceedings over the assets of Condor Flugdienst GmbH and ordered self-administration. Prof. Dr. Lucas Flöther ordered.
  • Klinikum Burgenlandkreis GmbH: Following an application by the Klinikum Burgenlandkreis GmbH to open insolvency proceedings and order self-administration, the Halle District Court opened insolvency proceedings for the company’s assets in December 2019, ordered self-administration and appointed lawyer Prof. Lucas Flöther as administrator. Prof. Dr. Lucas F. Flöther was also appointed administrator of the outpatient center (MVZ) at the Klinikum Burgenlandkreis GmbH and the Klinikum Burgenlandkreis Servicegesellschaft mbH.
  • Air Berlin Group: In August 2017, major companies in the Air Berlin Group filed for insolvency under self-administration. Prof. Dr. Lucas F. Flöther was appointed provisional administrator. With the opening of insolvency proceedings and ordered self-administration on November 1, 2017, Prof. Dr. Lucas F. Flöther was appointed trustee and, with self-administration repealed on January 16, 2018, as the insolvency administrator of the companies.

White & Case LLP

Large-scale, complex and international insolvency proceedings which require interdisciplinary competencies and an international network are the main focus of the insolvency team at White & Case LLP. A strength of the 'extraordinarily experienced and very well-balanced' team are contentious appeal, liability and contractual matters in connection with international insolvencies. The team has a particular sector focus on automotive, shipping, aviation, retail, energy and sport. Sven-Holger Undritz heads the practice and has comprehensive expertise in restructuring law; he regularly draws up insolvency plans and advises domestic and international clients on insolvent company acquisitions. Biner Bähr, who is 'technically at the highest level, and at the same time down-to-earth and solution-oriented', frequently handles complex insolvency proceedings with international aspects, among others in the automotive, energy or stationary retail sectors. Christoph Paulus, emeritus professor at the Humboldt University law school in Berlin, has acted as of counsel since September 2019.

Practice head(s):

Sven-Holger Undritz

Other key lawyers:

Biner Bähr

Testimonials

‘Exceptionally experienced, very well-coordinated and rightly well-known team. It’s not just pleasant, it’s a pleasure to work with this team.’

‘Dr. Biner Bähr is one of the best and best-known insolvency administrators in Germany. Unlike the manager colleagues “in his league (very clearly: Champions League)”, he has no starry airs. He is always friendly and a real team player, technically at the highest level and always pragmatic and solution-oriented.’

Key clients

redi-Group GmbH

Beoplast Besgen GmbH

Kronenbrot

KWB-Gruppe

Piel & Adey

ALUPRO GmbH & Co. KG

EB Business Intelligence GmbH

ESPRIT

e.GO Mobile AG

SPT PRODUCTION GmbH

Kofler & Kompanie GmbH

TAYLER Bekleidungshandelsgesellschaft mbH

Wohnen in Prora Vermögensverwaltung GmbH & Co. KG (WiP)

Innowatio GmbH und Tochtergesellschaften Clean Energy Markets Access GmbH, Clean Energy Sourcing GmbH, Clean Energy Direct GmbH, Ecomac GmbH and SP Energy Control GmbH

Duisburg Special Tubes GmbH

7Days Foodservice GmbH

KP Technologies GmbH

Kontrast Communications Services GmbH

Schulz Holding GmbH & Co. KG

1. FC Kaiserslautern GmbH & Co. KGaA (FCK KGaA)

Lux Deutschland Gm

Work highlights

  • Hamburg District Court / BONITA GmbH: Appointment of Dr. Sven-Holger Undritz as administrator of the fashion company BONITA GmbH with effect from June 9, 2020. On June 8, 2020, the long-established company applied for protective shield proceedings in self-administration, which the district court followed due to the positive restructuring prospects; accordingly, the management remains in office and continues to be unrestrictedly authorised to act and issue instructions.
  • District Court Düsseldorf / ESPRIT Group: Appointment of Dr. Biner Bähr as the provisional administrator of the assets of the German fashion group ESPRIT at the end of March 2020. The group insolvency proceedings affect Esprit Europe GmbH, Esprit Europe Services GmbH, Esprit Retail BV & Co. KG, Esprit Wholesale GmbH, Esprit Global Image GmbH and Esprit Design & Product Development GmbH (‘ESPRIT’).
  • Potsdam District Court / natGAS Aktiengesellschaft: Appointment of Dr. Christoph-Schulte Kaubrügger in September 2019 as the preliminary insolvency administrator for the assets of natGAS Aktiengesellschaft based in Potsdam. NatGAS Aktiengesellschaft was an energy trader specialising in corporate customers with an annual turnover of just under €4bn, which had primarily focused on electricity and gas supplies from renewable energies (wind and biogas).

Brinkmann & Partner

Brinkmann & Partner is appointed as insolvency administrator or trustee by courts throughout Germany. The group advises on the obligation to file for insolvency, draws up measures to avoid insolvency, negotiates debt relief and manages insolvency, self-administration and insolvency protection proceedings. With regard to self-administrations, the team takes on the role of executive, general representative or authorised manager, prepares self-administration proceedings for crucial business units, implements operational restructuring measures, manages creditor committees as well as creditor meetings and creates insolvency plans. The firm has sector expertise in shipbuilding, renewable energies, automotive, the food as well as the wholesale and retail industries. Managing partner Christoph Morgen is regularly appointed as insolvency administrator or trustee by several local courts, and is also active as CRO in cross-regional self-administration proceedings. Managing partner Jan Markus Plathner is frequently appointed as insolvency administrator by different local courts in the Rhein-Main area. Besides his expertise in insolvency administration and previous work pertaining to insolvent shipyards, Berthold Brinkmann has a focus on administrative law, especially in the media and European law. Tobias Brinkmann and Manuel Sack are experienced in insolvency administration and restructuring advice. B&P Management, a limited company affiliated with the firm, assists companies with a specialised team of interim managers and restructuring advisors, which navigates and co-ordinates the entire process and provides transparency via rolling controlling and reporting.

Key clients

Coa Gruppe

Euromicron

Geti Wilba

Gravis Ltd.

PTM Gruppe

Senvion Gruppe

Unser Heimatbäcker Gruppe (Marke Lila Bäcker)

Vapiano S.E.

Veritas Gruppe

Mister Minit

FSG Flensburger Schiffbau Gesellschaft

Poggenpohl

Nordeon

Work highlights

  • Senvion: Dr. Christoph Morgen was appointed as trustee in the self-administration of Senvion (group-wide approx. 4,500 employees and approx. €2.4bn turnover); professional focus on administration.
  • Geti Wilba: Dr. Christoph Morgen was appointed insolvency administrator in the insolvency administration of Geti Wilba (market leader in frozen chicken products in Germany with 600 employees, €90m sales and two locations in Bremervörde and Cuxhaven); bankruptcy administration and standard procedures.
  • Poggenpohl AG: Manuel Sack was considered preliminary in the preliminary insolvency proceedings of Poggenpohl AG (Bielefeld, group-wide approx. 400 employees, approx. €75m sales); insolvency administrator appointed.

GÖRG Partnerschaft von Rechtsanwälten mbB

The insolvency group at GÖRG Partnerschaft von Rechtsanwälten mbB combines legal advice and administration experience. The 'very good, fast and precise' team handles highly complex insolvency proceedings - often with cross-border aspects - and also takes on the role of trustee and chief restructuring officer, draws up insolvency plans and advises on potential strategic options. The service offering includes self-administrations, including insolvency protection proceedings. Practice head Gerrit Hölzle frequently takes on executive or manager functions in self-administration proceedings; he has particular expertise in creating insolvency plans and has a sector focus on manufacturing, automotive, energy, service providers as well as the trade industry. Martin Stockhausen advises national and international companies in connection with insolvency and corporate law, while Jörg Nerlich regularly handles company liquidations as insolvency administrator and trustee. With the additions of Holger Leichtle and Tim Beyer in 2020, the team gained two experienced insolvency administrators from Schultze & Braun; their regional focus is on Southern Germany.

Practice head(s):

Gerrit Hölzle

Other key lawyers:

Martin Stockhausen; Jörg Nerlich

Testimonials

‘Strong senior team, which is very recognized in the market for advice on insolvency law.’

‘Dr. Martin Stockhausen: excellent insolvency law specialist, maximum commitment for the client and achievement of goals, absolutely loyal to the client, approachable at all times (day and night), excellent mediator between managing directors and owners. Knows the mechanical and plant engineering industry and its special challenges in the crisis inside and out.’

‘Very good team – fast and precise.’

‘Strong commitment to the customer, high level of economic competence, thinking ahead instead of just answering questions.’

Key clients

Senvion

Ambau GmbH

Auto Wichert GmbH

SONA BLW Präzisionsschmiede GmbH, SONA AutoComp GmbH

Euromicron AG

Bartec

Laurèl GmbH

BONITA GmbH (Tochter Tom Tailor SE)

DER Touristik

HWW Hermann Wienberg Wilhelm

The practice at HWW Hermann Wienberg Wilhelm consists of lawyers, legal experts, accountants, tax consultants, self-administrators, trustees, administrative receivers and insolvency administrators. In self-administrations and insolvency protection proceedings, the 'highly-specialised, always reachable and creative' team takes on the role of chief restructuring officer via general representative or executive and leads in negotiations and trade-offs with all concerned parties, such as banks, commercial credit insurers or the public sector. The firm's partners also act as trustees in self-administrations. The group has sector expertise in energy and raw materials, automotive, foods, trade and the construction as well as manufacturing industries and represents a range of companies, from the so-called 'old economy' to fresh start-ups. Christian Otto and Rüdiger Wienberg stand out with particular expertise in self-administration and restructuring; both regularly take on executive roles as CRO. Rainer Bähr focuses on creating insolvency plans, restructuring and insolvency procedures as well as receivership/ custodianship matters. Ottmar Hermann compiles expert reports and has experience in tax and corporate law as well as succession plans.

Practice head(s):

Rüdiger Wienberg

Testimonials

‘As an insolvency administrator, Christian Otto is very familiar with both start-ups and traditional companies in crisis situations and is available as a helpful and experienced sparring partner even in difficult cases.’

‘Highly specialized, always available, creative and intelligent solutions.’

‘Christian Otto, Berlin: Extremely competent and efficient. Absolutely first choice as an insolvency administrator. Julia Kappel-Gnirs, Frankfurt: Very capable, calm and prudent. Can also constructively involve difficult negotiating partners.’

‘Very practical, with an economic understanding and quickly. Confident even in difficult situations.’

‘I appreciate Gregor Bräuer because of his broad knowledge and impressive expertise in complicated insolvency cases, especially those with an international focus.’

‘Julia Kappel-Gnirs is an excellent and very experienced insolvency administrator and trustee whom I appreciate very much because of her pragmatic and at the same time competent approach to complex situations.’

‘Julia Kappel-Gnirs: Very pleasant personality with quick comprehension and short reaction times. Fabio Algari: Very well networked, excellent back office. Ottmar Hermann: Highly intelligent, very solution-oriented.’

Key clients

Thomas Cook GmbH

Thomas Cook Touristik GmbH

Bucher Reisen & Öger Tours GmbH

Thomas Cook Airport Service GmbH

NeckermannUrlaubswelt GmbH

Thomas Cook Vertriebs GmbH

Sentido Hotels & Resorts GmbH

Wisch & Wedel/Faker Ben Mouldi Dahmani

Detlef Bingen GmbH

Friedrich Müsse GmbH & Co. KG

PACO die Jobplaner GmbH

Berlin Instore Services – BIS GmbH

IceGuerilla Manufaktur GmbH & Co. KG

GRATtec – Industrie GmbH

Solibro GmbH

Solibro Hi-Tech GmbH

AGAT Tank GmbH

KSW Technik GmbH

Radissimo GmbH

Acker Textil GmbH

apm alpha print medien AG

Avir Guss Holding GmbH

Neue Arbeit Vogelsberg gGmbH

Pluradent GmbH & Co. KG

Schaufler GmbH

KAHLA/Thüringen Porzellan GmbH

Mister Minit/Minit Service GmbH

COMTOUR communication & tourism GmbH

Jaffé Rechtsanwälte Insolvenzverwalter

Jaffé Rechtsanwälte Insolvenzverwalter handles reorganisations of any form, including insolvency plan procedures, regular insolvencies or self-administrations and insolvency protection proceedings. The group regularly assists with international insolvency aspects, due to its focus on large international corporations. Practice head and name partner Michael Jaffé was appointed as insolvency administrator of the Wirecard AG, one of the largest German fraud and insolvency mandates of the recent past. The team also has a particular focus on bank insolvencies, and M&A transactions are advised on with additional expertise in employment law.

Practice head(s):

Michael Jaffé

Kebekus et Zimmermann

Kebekus et Zimmermann predominantly acts as insolvency administrator in regular insolvencies and as trustee in self-administrations or insolvency protection proceedings and also advises companies and their affected parties on restructurings. The creation of insolvency plans, operational restructuring measures and the enforcement of creditors' claims are also included in the service offering. Creditors' claims are satisfied through M&A transactions and the interdisciplinary team negotiates with works councils and unions. As trustee, the creditors' interests are safeguarded by adhering to legal requirements under insolvency law. Practice head Frank Kebekus is a renowned insolvency administrator.

Practice head(s):

Frank Kebekus

SGP Schneider Geiwitz & Partner

From large corporations to small businesses, SGP Schneider Geiwitz & Partner advises a range of different companies, be it as insolvency administrator taking over business operations, or as trustee to assist the chief restructuring officer. The team advises on restructuring tax law and here has a particular focus on conversion tax law, international tax as well as turnover tax law. Additional expertise exists in all aspects of insolvency litigation and distressed M&A transactions, as well as negotiations with works councils and unions with regard to employment law. Practice head and name partner Arndt Geiwitz has an excellent reputation as insolvency administrator.

Practice head(s):

Arndt Geiwitz

Anchor Rechtsanwälte

Anchor Rechtsanwälte is one of the largest restructuring firms in Germany, but remains a 'boutique for reorganisational advice and overcoming of crisis', specialising in insolvency proceedings, reorganisations and restructurings. The firm has three focus areas: administrator in insolvency proceedings and trustee in self-administrations; advice on insolvency law, including international aspects, double-profit trustee and distressed M&A transactions; and interim management and operational restructurings, which are implemented via the anchor Management GmbH. Alexander Reus, specialised in self-administrations, is 'technically good, down-to-earth and eloquent.' Vincenz von Braun, ‘battle-tried, straightforward and strong-willed administrator', has expertise in self-administrations and the continued operation of business. The 'very reliable and legally well-versed' Christoph Herbst has experience in self-administrations and insolvency protection proceedings as well as international insolvency law. In April 2020, the firm opened a new office in Duisburg with the addition of new partner Sarah Wolf.

Testimonials

‘Very good team, in which individual experts contribute expertise from different areas of law.’

‘Prof. Martin Hörmann is well versed, eloquent and experienced as an insolvency administrator. Christoph Herbst is a prudent and very good advisor. Alexander Reus has a lot of experience in self-administration procedures, which he conducts very carefully.’

‘Flexible, fast, reliable, competent, persistent.’

‘The law firm’s partners actually operate as a team that supports one another. Coupled with the high level of technical and economic competence, they are an excellent player in the market that will continue its remarkable development over the next few years.’

‘Dr. Thomas Rieger – high economic understanding, excellent lawyer. Prof. Martin Hörmann – “human catcher” and excellent administrator.’

‘Experienced partners who work together as colleagues. The client always gets the best contact person for him.’

‘Christoph Herbst, very reliable and legally very good. Alexander Reus, professionally good, pragmatic and eloquent.’

‘A real team that works perfectly together.’

‘Always the best lawyers available.’

‘The team of anchor lawyers is characterized by 100% commitment to the interests of the client, the constancy of the partnership and the people involved over the years and the unbeaten combination of detailed legal expertise and an eye for the most commercially sensible solution – also in difficult situations. Above all, the humane handling of mandates and opponents is convincing, as is the excellent expertise in practically all relevant current discussions and decisions relating to the rapidly changing insolvency regime in Germany and Europe.’

‘To be emphasized for me in the insolvency area are Dr. Christoph Herbst for brilliant advice in the multitude of variants of German insolvency law, Vincenz von Braun as a tried and tested, straightforward and strong-willed administrator and Dr. Robert Hänel with his excellent connections across borders and different legal systems.’

Key clients

KNV Logistik GmbH

Koch, Neff & Volckmar GmbH

Europoles GmbH & Co. KG

TRIA Gruppe

ARWE

BADER Gruppe

Kids Fashion – KANZ Gruppe

Sternenbäck Gruppe

Huber Verlagsgruppe

ISOG Gruppe

Alvo GmbH

Baltic Metall GmbH

Wagenblass GmbH

DW Special Parts e.K.

Alno Aktiengesellschaft

Lutz Convenience Food GmbH

Lutz Fleischwaren GmbH

LUNUX GmbH

STRENESSE New GmbH

Work highlights

  • Sternenbäck group: Administration: bakery group with over 1,200 employees.
  • ARWE Group: Insolvency administration: infrastructure service provider for airports etc, over 4,000 employees, insolvency administrator in Dr. Robert Hänel and Dr. Paul Abel.
  • TRIA group: Self-administration – protective shield: temporary employment group with over 1,200 employees, general representatives Alexander Reus and Dr. Florian Harig.

BRL BOEGE ROHDE LUEBBEHUESEN

BRL BOEGE ROHDE LUEBBEHUESEN is a partnership of lawyers, accountants and tax consultants. The multidisciplinary approach combined with further expertise in M&A, real estate, commercial and employment law as well as intellectual property enables the group to advise on each phase of insolvency or restructuring procedures. Through Moore Global, an international network of independent accountants and tax consultants in over 100 countries, the firm has a strong international orientation. Practice heads Stefan Denkhaus, Dorothee Madsen, Friedemann Schade and Friederich von Kaltenborn-Stachau handle regular insolvencies of any scale. In self-administrations and insolvency protection proceedings, insolvency plans are drawn up and the team takes on the role of trustee, general representative or chief restructuring officer. The lawyers also handle custodianship/receivership matters and liquidity situations are improved by sale of assets and business units. One particular focus in insolvency litigation is the judicial and extrajudicial examination and defence against insolvency contestation and D&O liability claims.

Key clients

Agrartransporte Langhans GmbH & Co. KG

Böhling Rohrleitungs- und Apparatebau GmbH

BREE Collection GmbH

Fahrzeugwerk Borco-Höhns GmbH & Co. KG

Katholische Kliniken Lahn GmbH

Kettler Home and Garden GmbH

Mobisol GmbH

Monark Automotive GmbH

Peacock Moden GmbH

Prof. Dr. Flöther als Insolvenzverwalter der Air Berlin PLC und der Air Berlin PLC & Co. Luftverkehrs KG

Prokon SPV

Stefan Denkhaus als Insolvenzverwalter der KTG Agrar SE

TreasureHunt GmbH

W.E.S. Kommunikation GmbH

Work highlights

  • Mobisol GmbH: Self-administration; Friedemann Schade (administrator), Friedrich von Kaltenborn-Stachau, Fiona Schmidt.
  • Agricultural transport Langhans GmbH & Co. KG: Insolvency proceedings, Friedrich von Kaltenborn-Stachau (insolvency administrator), Thorben Langhinrichs.
  • BREE Collection GmbH: Self-administration/insolvency proceedings, Stefan Denkhaus (administrator/insolvency administrator), Friedrich von Kaltenborn-Stachau, Thorben Langhinrichs.

CMS

The restructuring and insolvency team at CMS, under the leadership of Alexandra Schluck-Amend, advises on both national and international restructuring matters. The group is active in insolvency administration as well as pre-insolvency restructuring. In insolvency procedures, the firm fulfils several roles, either in preliminary stages or as advisor to the debtor, self-administrator, insolvency administrator, shareholder, creditor or investor. Increasingly, the team advises former pre-crisis clients on regular insolvency or self-administration proceedings. With regard to administration, the group is especially experienced in assisting debtors in self-administration, and also in the role of CRO. The team has additional expertise in complex D&O liability matters, evident in the handling of the Maple insolvency. The group expanded its service offering to insolvency administrators, who seek advice on the reappraisal of complex insolvency claims or the enforcement of recovery claims against shareholders and also advises on distressed M&A procedures. 

Practice head(s):

Alexandra Schluck-Amend

Grub Brugger

A specialty of Grub Brugger is expertise at the intersection with criminal law. Besides insolvency and restructurings, and therefore the economic crisis, the group has specialised in the 'personal crisis'; the team both advises and defends executives in connection with insolvencies and restructurings under criminal law. The client base has backgrounds in various sectors, such as mechanical engineering, fashion or tourism. A particular focus is on the automotive sector, due to the firm's offices in southern Germany. Increasingly, temporary employment agencies and personal service providers seek advice on insolvency-related matters. Martin Mucha is regularly appointed as insolvency administrator in large cross-regional insolvency proceedings, especially in the automotive sector. Philipp Grub is specialised in insolvency protection proceedings and regularly acts as trustee.

Other key lawyers:

Philipp Grub; Martin Mucha

Work highlights

  • AWG: Pre-insolvency advice and advice on self-administration of the well-known fashion retailer AWG.
  • Weber Automotive GmbH: Martin Mucha has been appointed general representative by Weber Automotive GmbH and supports the self-administration as a restructuring consultant.

Müller-Heydenreich Bierbach & Kollegen

Müller-Heydenreich Bierbach & Kollegen is specialised in the continuation of business operations and reorganisation of insolvent companies at national and international level. The firm advises on all restructuring measures under insolvency law. The team provides assistance on the continuation of operations via transferring restructuring measures or the drafting of insolvency plans. In self-administration proceedings, the administrators take on the role of trustee. Renegotiations of supply and purchase contracts, insolvency procedures and insolvency tax law are also part of the service portfolio. Practice head Axel Bierbach and his team advise clients on insolvencies of different formats.

Practice head(s):

Axel Bierbach

PLUTA Rechtsanwalts GmbH

The key competences of PLUTA Rechtsanwalts GmbH are regular insolvency administrations, trusteeship in self-administrations and insolvency protection proceedings, drafting of insolvency plans as well as the enforcement of claims to improve liquidity. In self-administrations and insolvency protection proceedings, company executives are advised and supported through the role of chief restructuring officer. The team also handles distressed M&A matters. With regard to reorganisation and restructuring, the group conducts due diligence and compliance assessments and implements business plans as well as reorganisational measures. Practice Head Michael Pluta focuses on the reorganisation of companies in insolvency and crisis situations, auditing and financial auditing as well as distressed M&A issues.

Practice head(s):

Michael Pluta

Reimer Rechtsanwälte

Insolvency and commercial law are the areas of expertise at Reimer Rechtsanwälte. The firm is specialised in insolvency administration, restructuring and reorganisation with a predominant focus on the latter two. The team includes tax consultants, commercial lawyers, business economists and accountants, among others; therefore all services, such as restructurings, reorganisations, insolvency proceedings, insolvency plan proceedings, insolvency protection proceedings, self-administrations as well as trusteeships are handled comprehensively. Employment and corporate law specialists as well as M&A advisers offer their expertise in labour restructuring measures and transferring restructuring measures. Thomas Rittmeister is experienced in insolvency protection proceedings and has an industry focus on trade, the metal processing industry and capital investments.

Other key lawyers:

Peter-Alexander Borchardt; Hendrik Gittermann; Thomas Rittmeister; Reinhold Schmid-Sperber; Dr. Tjark Thies

Schmidt-Jortzig Petersen Penzlin

The 'well-coordinated' and 'technically very competent' team around the 'excellent insolvency administrator' Dietmar Penzlin of the boutique Schmidt-Jortzig Petersen Penzlin in Hamburg advises managers, shareholders and owners of companies in crisis as well as creditors and investors on all stages of a restructuring or insolvency mandate. Due to the firm's additional M&A and stock corporation law focus, transactions to ensure ongoing liquidity are part of the service portfolio, including add-on acquisitions and sales, as well as post-acquisition or crisis-related restructuring measures, not to forget debt-equity swaps, refinancings and recapitalisations. The team advises contractual partners, creditors and financial backers in a preventive manner on contract drafting, especially with regard to insolvency contestation risks. In insolvency proceedings, creditors are assisted with exercising their rights, including the defence against insolvency claims. The firm has a focus on the maritime and renewable energy sectors, as well as banking and financing.

Practice head(s):

Dietmar Penzlin

Testimonials

‘High legal level of attorneys. The restructuring advice benefits from the know-how of the insolvency administration. Big effort.’

‘Dietmar Penzlin: legally at the highest level. Insolvency administration with a sense of proportion and sensitivity where necessary. Reliable partner. Refurbishment advice in a class of its own. Has fun at work and has wit.’

‘In addition to excellent skills in the area of insolvency and restructuring, the team also has excellent corporate law skills. All colleagues can be reached easily and solutions are very pragmatic.’

‘Dietmar Penzlin is very easy to reach and controls individual questions in his team so that there are quick solutions. We have also found good solutions to complex tax issues.’

‘The law firm SJPP specializes in restructurings and insolvencies, is technically very competent and always acts as a well-coordinated team for larger mandates. In more complex cases, the tasks are structured and addressed very quickly, both internally and externally. This is the only way to make a comprehensive immediate analysis possible. With their quick perception, broad experience and “entrepreneurial” mindset, a very good solution is always ensured for the company and the creditors.’

‘Niklas Marwedel: Extremely fast in the analysis and penetration of exceptionally complex contexts.’

‘Professionally and personally very convincing, high personal commitment and therefore extraordinary in this environment.’

‘Dr. Dietmar Penzlin: Outstanding insolvency administrator / insolvency lawyer; professionally top, finds solutions, very factual, calm, convincing and goal-oriented personality.’

‘The law firm always seeks proximity to those involved, finds access to people and thus gains understanding and trust for difficult decisions that are necessary.’

‘Jörn Süberling organizes all accounting issues with care and reliability.’

‘Christian Mikolajczak: the technical competence and availability is very good.’

‘Dr. Philippe Rollin: Analytical, objective and always solution-oriented in difficult situations of upheaval.’

‘Dr. Christian Mikolajczak: Technically excellent, very reliable, close to clients.’

Key clients

Angermann Investment Advisory AG

BRL Boege Rohde Luebbehuesen (wg. Beratung bei DEG Deutsche Energie GmbH)

JP Beteiligungs-Gesellschaft mbH

M.M. Warburg & Co. KGaA

PwC

SIGMA Corporate Finance GmbH

Möhrle Happ Luther

Nissen Beuck (wg. Eigenverwaltung UeTG Logistics GmbH)

MPC Capital Fund Management GmbH (wg. Objekt Limes GmbH & Co. KG und Schiffsflotte C-Klasse)

Marcard Stein & Co

Feldmuehle GmbH

TMC Turnaround Management Consult GmbH

Schultze & Braun

The team at reorganisation, restructuring and insolvency administrator boutique Schultze & Braun around Dietmar Haffa, Dirk Pehl and Rüdiger Bauch combines the expertise of insolvency law and business management to create an interdisciplinary team, consisting of lawyers, accountants and business economists. Besides regular insolvency administration, the firm advises on self-administration and insolvency protection proceedings and in the latter regularly acts as chief restructuring officer or trustee. The team also handles insolvency claims, D&O liability matters and transferring restructuring measures such as M&A transactions. Special intersection expertise exists in forced administrations pertaining to real estate, insolvency tax law, estate insolvencies or insolvencies under criminal law. The team lost two experienced insolvency administrators in 2020 to GÖRG Partnerschaft von Rechtsanwälten mbB with the departures of Holger Leichtle and Tim Beyer.

Other key lawyers:

Dietmar Haffa; Dirk Pehl; Rüdiger Bauch

AndresPartner

The focus of AndresPartner is the administration of corporate and company insolvencies, as well as consumer insolvencies. Also among the firm's key areas are restructurings in self-administrations or insolvency protection proceedings as trustees as well as extrajudicial restructurings. The group acts independently, without any external service providers. Regarding acquisitions of insolvent companies, an investor is sought for small business operations to achieve higher sales revenue for the assets and thereby relieve the insolvency estate of mass obligations such as property leases and employees. If required, the team takes over the bookkeeping as well as staff payroll with regard to insolvency funds. Specialist lawyers defend against contestation and liability claims. Dirk Andres advises companies, managers, shareholders and creditors on all matters of financial and performance restructurings.

Practice head(s):

Dirk Andres

BBL Brockdorff & Partner Rechtsanwälte

After several departures in 2020, BBL Brockdorff & Partner Rechtsanwälte is experiencing change: name partner Georg Bernsau and a big team joined K&L Gates LLP; Alexander Höpfner left for AC Tischendorf Rechtsanwälte; and Marcus Winkler now works independently at WINKLER GOSSAK. The remaining lawyers are active in both regular insolvencies as well as receiverships/custodianships of properties and managed properties, e.g. freehold flats, private or commercial properties, and also outside of insolvency proceedings in so-called 'cold receiverships'. The distressed M&A portfolio includes investments and deinvestments as well as site relocations; here, the team seeks investors, closes share and asset deals, negotiates purchase prices, draws up contracts regarding the insolvency-related conditions or implements labour restructuring measures via transfer companies. The firm has a specialised branch for consumer insolvencies and insolvencies of formerly self-employed individuals. Due to increased cross-border insolvency proceedings, the group has an office in London and partnering offices in all European countries.

Leonhardt Rattunde

Insolvency administration and restructurings are key competencies of Leonhardt Rattunde. The team advises on all aspects of insolvency law, as well as regular administrations, self-administrations, insolvency protection proceedings or transferring restructuring measures. The group regularly assists with the sale of companies or company shares as part of asset and share deals; here the tax, corporate, liability and employment law aspects are also examined and the best options generated. In D&O liability, the firm represents both insolvency administrators in enforcing liability claims against executives as well as executives in the defence against them. Clients also benefit from further specialisations in real estate, employment and inheritance law.

Practice head(s):

Torsten Martini

Piepenburg Rechtsanwälte

The insolvency and restructuring experts at Piepenburg Rechtsanwälte, formerly Piepenburg - Gerling Rechtsanwälte, are particularly active in pre-insolvency restructuring matters. In order to maintain business operations, the team assists with restructuring measures such as repositionings in line with market requirements. Here, the team negotiates labour restructuring measures with works councils and unions and often renegotiates supply as well as lease contracts, while drafting restructuring plans. Claims are asserted in and out of court in favour of the insolvency estate. Cross-practice expertise exists in banking, corporate and employment law. Horst Piepenburg, practice head and name partner, is both insolvency law specialist as well as sworn auditor. At the end of 2019, former name partner Klaus W. Gerling left to form GERLING - LEGAL.

Practice head(s):

Horst Piepenburg

Wellensiek Rechtsanwälte - Partnerschaftsgesellschaft

Wellensiek Rechtsanwälte - Partnerschaftsgesellschaft is active in restructuring as well as insolvency administration. The continued operation of business is the aim in insolvency proceedings and to safeguard jobs and company assets capable of restructuring. Company executives are guided through all stages of the crisis. If required, the team takes on executive duties, eg to plan the cash flow and monitor liquidity. Christopher Seagon is an experienced insolvency administrator specialised in trusteeships. With a focus on corporate, Richard Scholz handles distressed M&A issues, distressed debt as well as sales of company shares or non-performing loans. Alfred Hagebusch advises on D&O and restructuring.

Practice head(s):

Christopher Seagon

Other key lawyers:

Alfred Hagebusch; Richard Scholz