Distressed M&A and insolvency plan

As consultants, we contribute the experience we have gained from several thousand insolvency proceedings and many corporate transactions out of crisis, insolvency and special situations. 

We utilise our legal, practical, tactical and strategic experience in insolvency proceedings as well, from the initiation of a transaction through its implementation to integration (PMI). We are very familiar with the approaches, frameworks for action and compulsions to take action of the stakeholders such as insolvency administrator, banks, customers, creditors and workers’ representatives. 

One of the essential requirements for a successful restart is an optimal transaction structure. We will develop this with you to take account of the case-specific concerns and implement the resulting strategy. 

A sustainable reorganisation requires a viable operating concept and presupposes a balanced personnel structure. Our employment law team will draft the buyer concept together with businesses and investors. 

In insolvency proceedings transactions can be executed through a transfer by reorganisation (asset deal) or an insolvency plan that retains the legal entity of the company (share deal). 

We draw up and negotiate insolvency plans of all orders of magnitude based on our many years of experience. Together with the management, we will find tailored solutions within a manageable period of time, ideally no more than a few months. This allows for the possibility of retaining investments, optimising existing shareholder structures or implementing capital measures with the aid of an insolvency plan. 

The benefits and potential pitfalls of a distressed M&A in Germany (pdf