The reasoning of the decision has now been published and provides a number of answers to questions which are important for future contractual netting arrangements.

The market in Germany and across the globe is unpredictable. For organizations facing supply chain disruption, sharp declines in demand or fundamental changes to operating conditions...

The decision left open whether a contractually agreed-upon early termination right violates section 104.

In a landmark decision, Düsseldorf Higher Regional Court clarified that general managers cannot rely on their D&O insurance cover in the event of claims for repayment by an insolvency administrator under Section 64 German Act on Limited Liability Companies (Case I-4 U 93/16).

Snapshot on the status of implementation of the EU Restructuring Directive in selected Member States and the new English scheme.

Recovery and resolution scenarios are still of importance for European institutions. Banks perform functions which are critical for economic activity to take place.

Mayer Brown's "Knowledge Nuggets – Insolvency & Restructuring" series delivers concise, actionable insights into critical insolvency law topics. From recognizing warning signs of insolvency and managing director liability to safeguarding supply chains through direct payment arrangements, these resources help legal and business professionals navigate complex restructuring scenarios with clarity and confidence.

On 9 June 2016, the German Civil Supreme Court (Bundesgerichtshof) decided that close-out netting provisions contained in German law-governed framework agreements for financial derivative transactions.

In some areas, the 2017 insolvency challenge reform provided creditors with better protection against insolvency challenges by insolvency administrators.

Durch die Anfechtungsreform des Jahres 2017 sind Gläubiger in Teilbereichen besser gegen Insolvenzanfechtungen von Insolvenzverwaltern geschützt worden.

Finally, section 143 of the Insolvency Code was amended to provide that interest accrues on a monetary avoidance judgment only after

In Germany, auditors may only testify in public, criminal or civil proceedings if expressly released from confidentiality obligations by their clients.

Employees who are terminated in connection with a bankruptcy procedure do not have a claim to reinstatement of their job if the facility where they were employed is subsequently bought out of bankruptcy.

Due to the COVID-19 aid package as of March 25, resolved by the German Parliament please see our selection.

Prosecutors in Germany are now looking into how the country's financial supervisory authority conducted itself in the run-up to Wirecard's bankruptcy.

Artikel aus dem Handelsblatt Journal Restrukturierung, Sanierung, Insolvenz vom 25.04.2024

The rules on set-off under certain circumstances allow to „settle" a claim with a counterclaim and, thus, to avoid making back and forth payments.

Zu einem der haftungsträchtigsten Szenarien für einen Geschäftsleiter zählt die (drohende) Insolvenz der Gesellschaft. Im Insolvenzverfahren ist der Insolvenzverwalter gehalten, zur

The Federal Court of Justice had to decide on the insolvency avoidance of the transfer of a lease agreement to an affiliated company of the debtor.

Pre-insolvency restructurings can fail when individual creditors block viable solutions to negotiate better outcomes. The insolvency plan's cram-down mechanism enables court confirmation despite dissenting votes, provided dissenting groups receive legal protection and aren't unduly disadvantaged. Understanding cram-down logic helps stakeholders assess restructuring options and risks before insolvency occurs.