Defence against liability claims under insolvency law

In many cases the institutions of insolvent companies find themselves exposed to liability claims brought by the insolvency administrator because the request for insolvency was allegedly filed too late. The insolvency administrator claims that the illiquidity or overindebtedness arose at an earlier stage and demands from the institutions (chief executives, directors, supervisory boards) the return of all payments made from this earlier date as compensation.

Depending on the circumstances of the case, the relevant period can go back months or even years. The extent of the resulting claim can be very substantial.

Our team represents chief executives, directors and supervisory boards across Germany against insolvency administrators bringing liability claims. Not only do we have the necessary special legal expertise in this field, but we also work with our business lawyers to ensure that the commercial side of the negotiations are handled professionally as well. That’s because a successful defence against a liability claim is normally founded on the precise legal and commercial treatment of the information. We engage both in and out of court to represent the interests of our clients, whether in preliminary negotiations or litigation before the courts.

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