Insolvency and Restructuring
SKW Schwarz has a team of specialists, including three insolvency administrators, which give advice on how to avoid or manage insolvencies.
"Insolvency" is a term that many companies try to avoid at all costs. However, insolvency law is increasingly becoming an instrument to restructure companies and keep them in business. Insolvency lawyers have numerous tools at their disposal to help suffering companies restructure and avoid insolvency. And even if insolvency is unavoidable there are ways to limit the damage and keep companies in business if a restructuring makes sense.
"Crisis is a productive state – you only have to take away the flavor of catastrophe." We like to quote this aphorism by Swiss writer Max Frisch when companies or entrepreneurs see a crisis approaching or are already in it. We help them with their strategic reorientation, show them restructuring opportunities and assess alternative courses of action. The objective is to avoid a serious liquidity crisis by acting in time.
Most restructuring issues can be resolved only if tax, labor, finance and capital market specialists closely cooperate. SKW Schwarz's advantage is that it can offer its clients cross-sector restructuring concepts.
SKW Schwarz advises creditors whose business partners are in a crisis or have entered into insolvency. In this situation it is particularly important to align legal risks and entrepreneurial decisions. Contractual provisions are drafted in such a way that they are clear and as little affected by insolvency as possible. A crisis requires quick action in order to minimize business risks. We help our clients to assert their rights both before and during insolvency proceedings of their contract partners.
Purchase of insolvent companies or company departments
SKW Schwarz gives comprehensive advice on the purchase of insolvent companies or parts of insolvent companies from the bankruptcy estate. A purchase from the bankruptcy estate offers considerable opportunities. For example, purchases from the bankruptcy estate of a competitor may help a company to obtain newly freed market shares. We help our clients to answer the typical questions in this context: How can we deal best with insolvency administrators? What should the purchase agreements look like? And how can we purchase only the assets and not the liabilities of an insolvent company?
The entrepreneurial approach of our firm is particularly important in the area of insolvency and restructuring. Our clients desire not only a reliable legal analysis, but also the protection of their business interests. Instead of increasing and spreading legal concerns we support business ideas and take care of the legal aspects.