Germany: Financial Restructuring

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
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
"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
Article
Deals Still Get Done – But Only With A New Playbook
Private equity execution has evolved beyond traditional buyout models, requiring sophisticated deal structures, flexible financing arrangements, and comprehensive due diligence across ESG, cybersecurity, and geopolitical risks. Success now depends on navigating complexity through adaptive strategies, cross-border expertise, and the ability to maintain momentum when conventional approaches no longer suffice.
Germany Finance
SR
McDermott Will & Schulte
Aufsichtsräte Be Aware!" href="/germany/corporate-governance/1347660/esg-in-times-of-crisis-should-governance-be-replaced-by-compliance-%3ci%3eaufsichtsr%c3%a4te%3ci%3e-be-aware" target="_self">
Article
ESG – In Times Of Crisis Should "G"overnance Be Replaced By "C"ompliance? Aufsichtsräte Be Aware!
The Management Board (der Vorstand) must initiate appropriate means and measures to recognize any damaging developments that might threaten the survival of the company.
Germany Commercial
RF
Rimon Falkenfort
See more

Latest Videos

See more