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Insolvency & Restructuring

There are a number of possible reasons for an impending bankruptcy or a restructuring and the spectrum of legal remedies in this field is equally wide: employment law, commercial, distressed M&A, company law, property and construction law, insolvency and tax law, to name but a few.

Although your company may be struggling in the face of falling demand, powerful competitors and mounting payment obligations, there are many cases where bankruptcy can be avoided. That is the primary goal of our advisory services: re-alignment, not bankruptcy.

We have many years of experience advising on restructuring and bankruptcy cases. Using this experience, we can guide you safely through all of the stages of restructuring. But even in the case of a bankruptcy, we are of course there to advise and support you. We believe that in such cases, our main responsibilities lie in the flawless preparation of an orderly bankruptcy, in assessing the obligation to file and its justification, in drafting the bankruptcy filing and the restructuring plan, in enforcing the rights of creditors or creditor groups during bankruptcy proceedings or in representation on the creditors' committee as well as in negotiating business continuation agreements with the bankruptcy administrator.

The range of our activities includes designing a socially acceptable redundancy plan, advising on the contractual protection of business partners in case of bankruptcy, advising on the purchase of at-risk companies, on the purchase and sale of distressed assets, on the limitation of liability risks for senior management and supervisory board members as well as on tax-relevant restructuring solutions.


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01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
02/02/2021
EC Con­sulta­tion on sus­tain­able cor­por­ate gov­ernance: dead­line ap­proach­ing
Key ac­tion point On 26 Oc­to­ber 2020, the European Com­mis­sion launched its pub­lic con­sulta­tion on sus­tain­able cor­por­ate gov­ernance (Con­sulta­tion). The Con­sulta­tion closes on 8 Feb­ru­ary 2021 and we would...
07/10/2020
Ger­many's Busi­ness Judge­ment Rule not ap­plic­able to in­solv­ency ad­min­is­trat­ors
In a re­cent de­cision, the Ger­man Fed­er­al Su­preme Court ad­dressed the ap­plic­ab­il­ity of the Busi­ness Judge­ment Rule to in­solv­ency ad­min­is­trat­ors in Ger­many and re­jec­ted the ap­plic­ab­il­ity of the rule in...
05/10/2020
Re­struc­tur­ing out­side of in­solv­ency pro­ceed­ings soon pos­sible for il­li­quid...
Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mits draft bill on pre­vent­ive re­struc­tur­ing On 18 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mit­ted a 247-page draft...
02/07/2019
Crowd­fund­ing: The Coun­cil for the EU pub­lishes the next step to­wards an...
On 26 June 2019, the Coun­cil for the European Uni­on pub­lished a com­prom­ise pro­pos­al in re­la­tion to the European Com­mis­sion’s draft frame­work to reg­u­late crowd­fund­ing plat­forms in the EU (the "Crowd­fund­ing...
02/04/2019
Crowd­fund­ing: European Par­lia­ment steps up in­vestor pro­tec­tion in its amend­ments...
On 27 March 2019 the European Par­lia­ment ad­op­ted its po­s­i­tion on the Com­mis­sion's pro­pos­als for com­mon rules for crowd­fund­ing plat­forms across Europe. The Com­mis­sion pub­lished the ori­gin­al draft reg­u­la­tion...
20/07/2016
Re­struc­tur­ing of Com­pan­ies Pri­or to In­solv­ency
Re­cently, the Coun­cil of Min­is­ters in­tro­duced a draft amend­ment to the Com­merce Act (the "Amend­ment") for dis­cus­sion in the Bul­gari­an Par­lia­ment. Amongst oth­er pro­posed changes, the Amend­ment in­tro­duces...
01/01/2015
Bro­chure In­solv­ency
160 law­yers at el­ev­en loc­a­tions across Europe are just one reas­on why we are among Aus­tria’s lead­ing law firms.The secret of our suc­cess is that we func­tion as one team. We con­tinu­ally prove that our...