Bankruptcy Law
Bankruptcy law deals with situations where a company is insolvent or where the risk of
insolvency is imminent. We assist in assessing the situation, choosing the correct course of
action (bankruptcy proceedings, restructuring, or contractual reorganization), preparing bankruptcy petitions, and protecting interests on both the debtor and creditor side. We structure steps, deadlines, and evidence so that decisions are enforceable and costs are predictable.
Contact us
If your company shows signs of insolvency or you need assistance with bankruptcy proceedings, protection of claims, clawback actions, or restructuring, contact us. We explain the options and prepare the necessary steps.
We respond on working days at the first opportunity.
Frequently Asked Questions (FAQ)
1
Assessment of Insolvency and Duties of the Management Board
The first step is obtaining a clear picture: cash flows, obligations, and prospects for
performance. We explain when a company is considered insolvent, what the duties of due
care of management board members are, and when personal liability may arise (for
example, due to unjustified delay in filing a bankruptcy petition). We document decisions
and notifications so that they can be proven later if necessary.
What we typically do:
-
management board notifications and minutes (duty of due care)
-
comparison of options: bankruptcy, restructuring, agreements
2
Bankruptcy Petition and Bankruptcy Proceedings (Debtor vs Creditor)
We prepare and submit bankruptcy petitions on behalf of the debtor or creditor petitions
where a debt has not been voluntarily paid and the statutory prerequisites are met. We
prepare evidence, communicate with the court and the interim trustee, and apply for
necessary interim measures.
What we typically do:
-
drafting and submitting bankruptcy petitions
-
communication with the bankruptcy trustee
-
interim measures (attachment, prohibition of disposal, other measures where necessary)
3
Clawback Actions and Challenging Transactions
In bankruptcy proceedings, transactions that harmed creditors may be challenged (for
example unusual payments, sales at undervalue, or transactions with related parties). We
analyse transaction timelines, legal grounds, and evidence in order to submit a clawback
claim or defend a transaction if your position is challenged.
What we typically do:
-
analysis of transaction timelines and legal grounds
-
negotiations with the bankruptcy trustee and, where appropriate, preparation of clawback actions or defences
-
settlement options and risk mitigation
4
Submission and Defence of Claims (Distribution, Disputes)
For creditors, compliance with deadlines and correct formulation of claims is critical
(including security, default interest, and ranking). We prepare claim submissions, monitor
the preparation of the list of claims, challenge unjustified claims, and review distribution
proposals to ensure fair treatment.
What we typically do:
-
preparation and submission of claims
-
challenging or defending claims
-
review of distribution proposals and submission of objections
5
Restructuring and Reorganisation
If a company is sufficiently viable, restructuring may be a reasonable alternative to
bankruptcy. We prepare restructuring plans (extensions of deadlines, interest adjustments,
partial debt reduction), conduct negotiations with creditors, and prepare the
documentation required by the court. Where necessary, we carry out contractual
reorganization outside court proceedings.
What we typically do:
-
baseline data and structure for restructuring plans
-
negotiations with creditors and voting logic
-
reorganization through contractual arrangements
6
Security Interests, Pledges and Sale of Assets
We map security interests (pledges, sureties, guarantees) and their ranking, assess
practices for enforcing security, and organise asset sales. On the debtor side, we consider
how to preserve the core of the business; on the creditor side, we focus on protecting the
interests of secured creditors.
What we typically do:
-
analysis of security interests and pledges (ranking, risks)
-
procedures for enforcement of security and related agreements
-
asset sale strategy (packaging, information, deadlines)
7
Court Disputes and Interim Measures
Disputes often arise in bankruptcy and restructuring proceedings (claim disputes, clawback
actions, liability). We prepare actions and appeals against rulings, apply for interim
measures (attachment, prohibition of disposal), and manage deadlines to protect your
position.
What we typically do:
-
preparation of actions and appeals
-
applications for interim measures
-
evidence plans and procedural strategy (deadline management)