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A crisis or insolvency of a company threatens its very existence. For shareholders, managing directors, members of the executive or supervisory board, banks and other contractual partners and creditors, such a situation involves considerable risks – but also opportunities.
Gleiss Lutz provides comprehensive advice on all legal questions relating to companies in crisis or insolvency. This includes advising companies, managing directors, members of the executive or supervisory board and shareholders in the restructuring and reorganisation of the company, in the sale of a company or parts of a company, in the identification of liability risks and finding measures to avoid liability, as well as in the preparation and initiation of insolvency proceedings and the drafting of insolvency plans.
We advise banks and other creditors of companies prior to an imminent insolvency, in particular in securing rights and negotiating contracts and amendments to contracts; and, in the case of insolvency, in enforcing rights, negotiating agreements, registering insolvency claims and warding off claims by the insolvency administrator.
Additionally, we provide advice on purchasing companies in crisis or insolvency. We advise insolvency administrators in preparing, reviewing and asserting claims.
We are heavily involved in insolvency-related litigation representing not only liquidators, but also shareholder, directors and other individuals or entities affected by the insolvency. We also advise and represent our clients in investigations commenced by supervisory authorities and by the public prosecutor`s office.
Restructurings and insolvencies increasingly gives rise to cross-border problems. For many years now, Gleiss Lutz has been advising both German and foreign clients in complex and difficult cases and has become well-known both for its special expertise in cross-border aspects as well as it`s creative solutions. Examples of this include Bond Restructurings and Debt Equity Swaps
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