Insolvency Law and Restructurings
Our experts in insolvency law, restructurings and reorganizations have a wealth of experience acquired over many years, and are therefore trustworthy partners in difficult times. We advise and support our clients in all insolvency-related matters and manage the legal and tax aspects of restructurings and reorganizations of companies and groups. In addition to many years of experience in reorganization management, with their corporate law, employment law, tax law and insolvency law teams, Esche Schümann Commichau has the required expertise regarding crisis management and company restructurings.
Our consulting services
- Advising and representing
- creditors in the event of an impending or actual insolvency of a contractual partner
- creditors in the defense against claims contesting insolvency and claims under the German Rescission Act
- insolvency administrators in the pursuit of claims contesting insolvency and liability claims
- executive directors ad executive boards in relation to insolvency-related liability issues
- companies in all issues of insolvency law and in particular in relation to “protective procedures” (Schutzschirmverfahren) and “self-administration” (Eigenverwaltung) as well as the avoidance of risks involved in contesting insolvency
- Drawing up and negotiating insolvency plans
- Implementing insolvency proceedings by way of affiliated independent insolvency Administration
- Providing commercial reorganization advice to companies in financial distress
- Assuming project management responsibilities, facilitating steering committee meetings and banking consortia
- Interim management solutions
- Compiling reorganization surveys pursuant to Standard IDW S6 issued by the Institute of Public Auditors in Germany
- Advising on operative and financial restructurings of companies in financial distress
- Corporate acquisitions following insolvency / distressed M&A Transactions
Dr. Jörn-Henrik Meyn and Mr. Jan Kind are affiliated with the multidisciplinary law firm Esche Schümann Commichau as independent insolvency administrators. Together, Dr. Meyn and Mr. Kind have been involved in approximately 550 insolvency and bankruptcy proceedings since 1990 as sequestrators, receivers and (preliminary and final) insolvency administrators. In addition, around 700 consumer insolvency proceedings have been handled.
The interdisciplinary cooperation with the law firm Esche Schümann Commichau ensures comprehensive support in the search for restructuring options for the insolvent company. Our broad network of management consultants as well as M&A advisors specializing in special situations allows us to establish contact with potential investors across all sectors and to secure the continuation of insolvent companies even over longer periods of time.
In addition to transferring reorganizations and drawing up and negotiating insolvency plans, our day-to-day business includes labor law issues, in particular with regard to the transfer of operations (Section 613a of the German Civil Code (BGB)) and purchaser concepts as well as dealing with works councils, transfer and rescue companies. In insolvency administration, the focus is on the optimal satisfaction of creditors and the sustainable reorganization of an insolvent company.
Our range of services includes in particular:
- Assumption of insolvency administration as insolvency administrator
- Handling of insolvency proceedings
- Assumption of the office of the administrator in self-administration/protective shield proceedings
- Preparation of insolvency plans
- Transferred reorganization / sale from the insolvency estate