Litigation: Judicial and extrajudicial dispute resolution in corporate crises and insolvency.

Timing is everything: a company crisis means increased liability risks for management. A timely filing for insolvency and the preservation of the subsequent insolvency estate, in particular, are usually issues of dispute in insolvency proceedings. The enforcement of such claims for the insolvency administration, as well as their defence on behalf of management and their D&O insurers, are an important focus for our litigation team with regard to in- and out-of-court dispute resolution. The issue is complex in both a legal and practical sense, however, with our legal expertise, which is paired with comprehensive business know-how, we can offer successful representation of your interests. This applies no matter whether you seek our support and advice as insolvency administrator, board member, managing director or member of a supervisory board.

What the one hand gives, the other takes away: not every service or payment that you receive prior to opening of insolvency proceedings – be it as customer, supplier or shareholder – is valid under the German Insolvency Act. A central task of the insolvency administration is the effective claw back of contestable benefits received for the insolvency estate. The basis for a successful enforcement of avoidance claims is – for their successful defence too – up-to-date knowledge of the extensive case law as it relates to this specific issue, which is becoming increasingly differentiated and more and more subject to constant change. Our litigation team has been using our knowledge in this arena to great effect for many years, both for insolvency administrators and for creditors being sued. You can be particularly sure that thanks to our extensive background in insolvency law, we are always able to resolve your conflict as creditor with the other entity’s insolvency administrator on nothing less than an equal footing.

Could there be more than meets the eye? In a crisis, the area and scope in terms of the (financial) responsibility you have for “your” company as a shareholder, plus the consequences of this responsibility, are a frequent point of dispute between involved parties; this holds true for an individual company or a large group of companies. Our litigation team – situated firmly at the crossroads of corporate and insolvency law – helps you to correctly define the limits of your responsibility, especially with regard to raising capital, preservation of capital, shareholder loans and shareholder collateral. This remains the case – in order to reach an amicable agreement – regardless of whether it is for in- or out-of-court defence of such claims on the part of the shareholder concerned or in disputes between shareholders.

In the same way, our litigation team supports you, if you use our services as an insolvency administrator, in your efforts to achieve a successful enforcement of claims against shareholders, with an agreeable contribution to the insolvency estate.