As an advisor to our clients in a crisis, we help them to quickly gain an overview of possible insolvency filing requirements and restructuring opportunities. This competence helps you to take the right steps in the right order in a timely manner.
In many cases, however, an internal review of your duties to act is not sufficient. When it comes to building up new confidence in your company’s ability to restructure vis-à-vis banks and suppliers, you need a restructuring plan drawn up by external experts that confirms your company’s ability to restructure and certifies a positive continuation forecast. Particularly in difficult times and under pressure, many banks and long-standing suppliers are not willing to extend or expand their commitment. This is due to the increasing regulation of banks, but also to the case law of the German Federal Court on insolvency contestation (Insolvenzanfechtung) that is very hostile towards restructuring. Any outside support in crisis situations through deferral or standstill agreements threatens to fall back on the helper in need.
With our expertise as lawyers specialised in insolvency law, we are in a position to prepare a qualified reorganisation report for you and your company with a continuation prognosis according to IDW S 6 standard and/or IDW S 11 standard.
A reorganisation plan developed by us does not only include the determination of possible obligations to file for insolvency, which you may be able to refer to in the event of an accusation of director’s liability to exonerate you, but is also, if your company allows this determination, suitable to serve as an argument for a suspension of execution, a standstill agreement or a debt deferral vis-à-vis banks, suppliers or the tax office and protects you and your partners from the criminal accusation of delaying insolvency or a contestation under insolvency law later.
Such an expert opinion is also indispensable in the event of an application for self-administered insolvency and the initiation of protective shielding proceedings, as well as in the event of a balance sheet deficit not covered by equity capital.
Based on our many years of experience in the restructuring of companies and the development of new entrepreneurial perspectives out of the crisis, we will provide you with a restructuring plan that we have drawn up, which will be a design instrument for the future of your company and, if you wish, we will accompany you through the negotiation process with banks and suppliers.
Please contact us by phone without obligation – we will help you with your request.