Bankruptcy Law and Insolvency Law

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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
The Qualified Subordination Declaration – Opportunities And Risks
Shareholder loans serve as vital financing tools for German Mittelstand companies, but they can trigger insolvency obligations when financial difficulties arise. A qualified subordination (qualifizierter Rangrücktritt) offers a solution by converting these loans into liable capital, yet the Federal Court of Justice has established strict substantive requirements that must be met to achieve the desired legal and tax effects.
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
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
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Webinars

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Related Country Guides

RI
Restructuring & Insolvency

Insolvency/Bankruptcy

Article
Cash Pooling In A Crisis – Directors’ Duties And Liquidity Protection
A crisis at the cash-pool leader does not automatically make cash pooling impermissible. It does, however, materially intensify the review, monitoring and documentation duties of managing directors at the level of each participating company. The key issues are recoverability of the repayment claim, practical access to pooled funds and protection of the company’s own minimum liquidity.
Germany Commercial
RF
Rimon Falkenfort
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Financial Restructuring

Article
The Qualified Subordination Declaration – Opportunities And Risks
Shareholder loans serve as vital financing tools for German Mittelstand companies, but they can trigger insolvency obligations when financial difficulties arise. A qualified subordination (qualifizierter Rangrücktritt) offers a solution by converting these loans into liable capital, yet the Federal Court of Justice has established strict substantive requirements that must be met to achieve the desired legal and tax effects.
Germany Insolvency
MB
Mayer Brown
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
See more

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