Insolvency and Restructuring

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Insolvency law is of central importance. What happens if a business partner can no longer make payments? What is the protection against that? What claims does the insolvency administrator have? Is a contract safe from insolvency challenges?

In a state of financial distress, companies often do nothing. Which is precisely the wrong move. Lawyers, in previous times, showed a similar behavior. They practiced insolvency law more or less “on the side” without paying closer attention to it.

Responding to these questions requires specialized knowledge. We have a team of experts, including two insolvency administrators, who exclusively practice insolvency law.

Representing clients vs. insolvent companies

We advise creditors whose business partners face crisis or bankruptcy. In such situations, it is vital to reconcile legal risks and entrepreneurial action. Contracts should be as clear and as insolvency-safe as possible. In the event of a crisis, we act quickly to minimize entrepreneurial risks. We support our clients in enforcing their rights, both outside and inside the insolvency of their contractual partners.

Law pertaining to insolvency challenges is at the core of our expertise. In recent years, legislation has widened the contestations of transactions under insolvency law. We advise our clients on taking preventive action to counteract such risks. Should a transaction nonetheless be contested under insolvency law, we defend our clients in optimal ways against the insolvency administrator, whether in court or out of court.

Restructuring advice

“Crisis is a productive state, as long as you lose its aftertaste of catastrophe.”

This quotation by Swiss novelist Max Frisch applies to companies in crisis. We support such clients in strategic realignment, show modes of improvement, and evaluate action options. We also support our clients in restructuring during insolvency proceedings.

As we design restructuring concepts, we exploit SKW’s expertise across legal fields. Our clients benefit from that. Most restructuring issues can only be solved by cooperating with tax, labor, finance, and capital market lawyers.

Acquisition of insolvent companies or divisions

We offer comprehensive advise on the acquisition of insolvent companies or divisions from the insolvency estate. Both scenarios offer great opportunities. For instance, companies can gain freed-up market shares from insolvent competitors. We assist our clients in answering issues such as how to deal with insolvency administrators. How to design acquisition contracts. How to take over the assets, but not the liabilities, of an insolvent company.

Our firm’s entrepreneurial approach is particularly applicable when it comes to advising on insolvency and restructuring. Our clients seek accurate legal analysis, but also want to protect their economic interests. Instead of fostering fears, we nurture entrepreneurial ideas. And give them a secure legal foundation.