Germany: Financial Restructuring

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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
Incongruent Coverage (Section 131 Inso) – When Payments Made Under Pressure Backfire
German insolvency law's principle of equal creditor treatment faces a critical challenge through Section 131 of the Insolvency Code, which addresses "incongruent coverage" - situations where creditors receive security or satisfaction they weren't entitled to receive, or not in that form or timing. The practical stakes are substantial: within the last month before insolvency filing, objective incongruence alone suffices for avoidance actions, with no requirement to prove the creditor's knowledge of the debto
Germany Insolvency
MB
Mayer Brown
Article
ESG Als Refinanzierungsvoraussetzung: Rechtliche Konsequenzen Für Sanierung Und Unternehmensfinanzierung
Sustainability criteria have evolved from voluntary commitments to critical factors in corporate financing. Companies seeking refinancing during crisis must now not only address operational and financial challenges but also credibly demonstrate ESG transformation, navigating potential deal-breakers, restructuring concept requirements, and greenwashing liability risks.
Germany Insolvency
PL
PwC Legal Germany
Article
Knowledge Nuggets — Insolvency & Restructuring
Mayer Brown's "Knowledge Nuggets – Insolvency & Restructuring" series delivers concise, actionable insights into critical insolvency law topics. From recognizing warning signs of insolvency and managing director liability to safeguarding supply chains through direct payment arrangements, these resources help legal and business professionals navigate complex restructuring scenarios with clarity and confidence.
Germany Insolvency
MB
Mayer Brown
Article
Knowledge Nugget - Recognizing Insolvency – Key Warning Signs And Recommendations For Managing Directors
Managing directors of German companies face strict personal liability if they fail to recognize and act upon insolvency warning signs. This analysis examines the legal framework under German insolvency law, identifies critical operational and financial indicators that signal impending illiquidity or over-indebtedness, and provides actionable recommendations for compliance with mandatory filing obligations.
Germany Insolvency
MB
Mayer Brown
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