Rehabilitation, Restructuring and Insolvency Law

Entrepreneurship involves the risk of failure. In the tumultuous times of the Coronavirus, this is truer than ever! However, any failure offers the chance for a fresh start. Almost every company at risk of insolvency has certain resources. MKM +PARTNER demonstrates this opportunity and makes resources usable. Our team for insolvency law works closely with specialists from other legal areas within our law firm and cooperation partners from management consulting and auditing.

We provide comprehensive advice to companies and creditors on company restructuring and insolvency law:

  • Preventive, all-round insolvency and restructuring advice (on legal and commercial basis). If necessary, we use the know-how and extensive experience of our long-standing and renowned cooperation partners in the areas of management consulting and auditing.
  • Advising companies close to insolvency with the aim of eliminating any insolvency application obligation or, if necessary, accompanying an application for self-administration in connection with insolvency planning proceedings
  • Advising the Board of Directors, shareholders and other members of a company to avoid personal, civil or criminal liability
  • Advising companies in the event of the need for insolvency application and during the duration of an orderly insolvency procedure
  • Creditor advice, in particular out-of-court and judicial representation of banks and other creditors in the enforcement of their segregation or separation rights, insolvency claims as well as other claims or rights (e.g. set-off possibilities) against the debtor before the opening of insolvency proceedings or against the subsequent insolvency administrator
  • Advising shareholders of crisis-affected corporations and related parties on questions relating to the capital increase and the right of appeal.
  • Answering labour law questions in the event of insolvency of a company, in particular in connection with the application for insolvency payment.
  • In-House training of employees in credit institutions and banks for the correct handling of in-house engagements prone to insolvency.