Germany: Insolvency/Bankruptcy/Re-Structuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
EU Adopts Directive On The Harmonization Of Insolvency Law: Key Aspects And Implications For Germany
The European Union has formally adopted a directive establishing minimum standards for insolvency law harmonization across Member States, covering avoidance actions, asset tracing, pre-pack proceedings, director filing duties, creditors' committees, and transparency measures. While the directive sets baseline requirements in these critical areas, its practical impact on German insolvency law is expected to be limited, as Germany's existing framework already meets or exceeds most of the directive's standards
Germany Insolvency
JD
Jones Day
Article
The Acquirer Concept – An Option For Acquisitions Out Of Insolvency
The acquisition of assets or business operations out of insolvency proceedings presents distinct legal challenges under German law, particularly regarding the automatic transfer of employment relationships. The "acquirer concept" (Erwerberkonzept) offers a legally reliable solution that enables workforce restructuring while avoiding prohibited terminations based solely on the transfer of operations.
Germany Insolvency
MB
Mayer Brown
Article
Recognition Of Liabilities In Insolvency Proceedings: Legal Certainty Regarding Claims Not Filed With The Insolvency Schedule
The German Federal Fiscal Court has ruled on a critical question in insolvency taxation: when a creditor withdraws claims from insolvency proceedings, must the debtor derecognize the corresponding liability and recognize taxable income? This judgment clarifies the threshold required for liability derecognition and establishes important principles for restructuring scenarios.
Germany Insolvency
AO
A&O Shearman
Article
"Cram Down" – Cross-Class Plan Approval In Insolvency Proceedings
Pre-insolvency restructurings can fail when individual creditors block viable solutions to negotiate better outcomes. The insolvency plan's cram-down mechanism enables court confirmation despite dissenting votes, provided dissenting groups receive legal protection and aren't unduly disadvantaged. Understanding cram-down logic helps stakeholders assess restructuring options and risks before insolvency occurs.
Germany Insolvency
MB
Mayer Brown
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Article
Why Fix-Sell-Close Decisions Should Be Evaluated Concurrently And Not Sequentially
CEOs and their executive teams face a critical misalignment in assessing market pressures, creating governance challenges that demand a fundamental rethinking of portfolio management. This article examines why the traditional sequential approach to evaluating underperforming business units destroys value and presents a concurrent decision framework that treats fix, sell, and close options as simultaneous strategic choices rather than a process of elimination.
Germany Commercial
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AlixPartners
Article
EU Adopts Directive On The Harmonization Of Insolvency Law: Key Aspects And Implications For Germany
The European Union has formally adopted a directive establishing minimum standards for insolvency law harmonization across Member States, covering avoidance actions, asset tracing, pre-pack proceedings, director filing duties, creditors' committees, and transparency measures. While the directive sets baseline requirements in these critical areas, its practical impact on German insolvency law is expected to be limited, as Germany's existing framework already meets or exceeds most of the directive's standards
Germany Insolvency
JD
Jones Day
Article
The Acquirer Concept – An Option For Acquisitions Out Of Insolvency
The acquisition of assets or business operations out of insolvency proceedings presents distinct legal challenges under German law, particularly regarding the automatic transfer of employment relationships. The "acquirer concept" (Erwerberkonzept) offers a legally reliable solution that enables workforce restructuring while avoiding prohibited terminations based solely on the transfer of operations.
Germany Insolvency
MB
Mayer Brown
See more

Insolvency/Bankruptcy

Article
EU Adopts Directive On The Harmonization Of Insolvency Law: Key Aspects And Implications For Germany
The European Union has formally adopted a directive establishing minimum standards for insolvency law harmonization across Member States, covering avoidance actions, asset tracing, pre-pack proceedings, director filing duties, creditors' committees, and transparency measures. While the directive sets baseline requirements in these critical areas, its practical impact on German insolvency law is expected to be limited, as Germany's existing framework already meets or exceeds most of the directive's standards
Germany Insolvency
JD
Jones Day
Article
The Acquirer Concept – An Option For Acquisitions Out Of Insolvency
The acquisition of assets or business operations out of insolvency proceedings presents distinct legal challenges under German law, particularly regarding the automatic transfer of employment relationships. The "acquirer concept" (Erwerberkonzept) offers a legally reliable solution that enables workforce restructuring while avoiding prohibited terminations based solely on the transfer of operations.
Germany Insolvency
MB
Mayer Brown
Article
Recognition Of Liabilities In Insolvency Proceedings: Legal Certainty Regarding Claims Not Filed With The Insolvency Schedule
The German Federal Fiscal Court has ruled on a critical question in insolvency taxation: when a creditor withdraws claims from insolvency proceedings, must the debtor derecognize the corresponding liability and recognize taxable income? This judgment clarifies the threshold required for liability derecognition and establishes important principles for restructuring scenarios.
Germany Insolvency
AO
A&O Shearman
See more

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