Germany: Insolvency/Bankruptcy/Re-Structuring

Subscribe
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
Debt-to-Equity Swap: Opportunities And Risks
Debt-to-equity swaps offer distressed companies a path to financial recovery by converting creditor receivables into equity, but they carry significant valuation risks that can expose new shareholders to unexpected liabilities. This analysis examines the legal framework governing these complex restructuring instruments in Germany, including insolvency plan proceedings and StaRUG restructuring procedures. Understanding the critical risk factors and implementation strategies is essential for creditors, distre
Germany Insolvency
MB
Mayer Brown
Article
The Protective Shield Proceeding – Requirements And Procedure
Companies facing financial distress must carefully evaluate their restructuring options, with protective shield proceedings offering a unique opportunity to prepare an insolvency plan while maintaining existing management. This specialized form of preliminary self-administration requires precise timing and thorough preparation, as it is only available when a company faces imminent illiquidity or over-indebtedness but has not yet become actually illiquid.
Germany Insolvency
MB
Mayer Brown
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

Related Country Guides

RI
Restructuring & Insolvency

Financial Restructuring

Article
Debt-to-Equity Swap: Opportunities And Risks
Debt-to-equity swaps offer distressed companies a path to financial recovery by converting creditor receivables into equity, but they carry significant valuation risks that can expose new shareholders to unexpected liabilities. This analysis examines the legal framework governing these complex restructuring instruments in Germany, including insolvency plan proceedings and StaRUG restructuring procedures. Understanding the critical risk factors and implementation strategies is essential for creditors, distre
Germany Insolvency
MB
Mayer Brown
Article
The Protective Shield Proceeding – Requirements And Procedure
Companies facing financial distress must carefully evaluate their restructuring options, with protective shield proceedings offering a unique opportunity to prepare an insolvency plan while maintaining existing management. This specialized form of preliminary self-administration requires precise timing and thorough preparation, as it is only available when a company faces imminent illiquidity or over-indebtedness but has not yet become actually illiquid.
Germany Insolvency
MB
Mayer Brown
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
A
AlixPartners
See more

Insolvency/Bankruptcy

Article
The Protective Shield Proceeding – Requirements And Procedure
Companies facing financial distress must carefully evaluate their restructuring options, with protective shield proceedings offering a unique opportunity to prepare an insolvency plan while maintaining existing management. This specialized form of preliminary self-administration requires precise timing and thorough preparation, as it is only available when a company faces imminent illiquidity or over-indebtedness but has not yet become actually illiquid.
Germany Insolvency
MB
Mayer Brown
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

Latest Videos

See more