Fields of Law
We advise and represent creditors with regard to the enforcement of their claims against debtors, and companies in crisis with regard to all reorganisation and insolvency issues.
Creditors’ predominant interest in a debtor’s impending insolvency is to protect themselves in time against bad debt losses, or, in the case of insolvency, to fully exhaust their rights and possibilities in order to reduce bad debt losses to a minimum. We represent creditors on all levels of which a debtor’s impending or already occurred insolvency may entail. This begins with optimising the claim management and drawing up insolvency-protected safeguard clauses within the framework of general terms and conditions, and may end with representation in court in insolvency disputes.
We act on our clients’ behalf in winding-up proceedings and support them when filing proof of a debt and, if necessary, in court proceedings when contested claims have to be established in the schedule of creditors’ claims by the insolvency administrator. We also represent clients during the enforcement of their right to separation and/or right to separate satisfaction, as well as undertaking the structuring and advising of supplier and banking pools.
Even if the opening of insolvency proceedings is denied for lack of assets, there are frequently liability claims against a debtor’s managing director or partners. We have many years of wide-ranging experience in the enforcement of a client’s legal position.
In crisis situations, debtor companies are confronted with many problems; in particular when their executive bodies may face inconsiderable liability risks. We offer our clients advice in such situations and support them in issues relating to corporate reorganization and insolvency, guiding them through the development of restructuring and reorganization strategies. Our aim is to ensure a company’s continued existence and to avoid winding-up.