Reorganisation, insolvency, receivership

Insolvency proceedings cause substantial macroeconomic losses every year, which could have been largely avoided through targeted reorganisation and restructuring measures. Our services in the field of reorganisation and insolvency law essentially cover the entire field of corporate restructuring and reorganisation of a company within or outside insolvency proceedings, counselling and assistance for a company prior to insolvency as well as the conduct of the actual insolvency proceedings.

While the former Bankruptcy Act primarily considered the breaking up and exit of a company from the market as the default solution, at the latest since the introduction of the Insolvency Act, and in particular through subsequent legislative amendments, the focus - also in public perception - is now rather on the reorganisation and restructuring of a financially distressed company. After all, insolvency proceedings allow private individuals to obtain forgiveness for residual debt, and thus a 'fresh start' for the further participation in social and economic life.

Receivership is a special form of forced execution. Receivership proceedings may be initiated by creditors in whose favour a land right or mortgage bond has been registered against a debtor's real estate. Here, a receiver is appointed in the form of a judicial commission, who will then manage the property concerned and secures the current income (from rental or lease) for the benefit of the creditor.

Consulting services of our lawyers in connection with insolvency, reorganisation and receivership

The expertise of Derra, Meyer and Partner is based on more than 30 years of experience in the reorganisation of companies and handling of insolvency proceedings. Below are some examples of our core competencies:

Self-administration and insolvency plan:
Whether in matters relating to extrajudicial or judicial reorganisation, assistance in self-administration or to the planning of insolvency proceedings: we have the know-how and the means to provide optimal advice and safeguards for your interests. Our lawyers specialising in the field of insolvency and reorganisation assist companies in self-administrated insolvency proceedings. We draft insolvency plans and assist in their implementation.

Insolvency proceedings:
When conducting proceedings in connection with an insolvency, the administrators of Derra, Meyer & Partners are committed to the overriding interests of creditors and thus the best possible settlement of claims. Our focus in this regard is also on the legitimate interests of employees. We believe that communication is the best way to arrive at a fair balance of interests.

Extrajudicial debt settlement for private indebtedness:
The failure of a self-employment business often leads to private indebtedness. In these cases, we strive to communicate with your creditors to discuss options for an out-of-court settlement of the debts. If these efforts fail, we will provide support and assistance with the aim of achieving forgiveness for the remaining debts with due consideration of the option of insolvency.

Minimising the risks of personal liability of management:
Corporate bodies (managing director, board of directors) often consider options to reduce the risk of personal liability in civil and criminal terms (delayed insolvency). Here we can provide valuable support.

Advising creditors:
Creditors of (impending) insolvency proceedings face complex issues in the event of insolvency of a business partner. These range from the own participation in the proceedings (creditors' committee), questions about the existence and enforcement of own security interests, to lodging claims or defending transactions of the debtor contested by the insolvency administrator. We will gladly advise you comprehensively.

Special competences of our lawyers at national and international level

You can rely on the extensive knowledge and skills of our lawyers and staff to provide you comprehensive services in the aforementioned fields. Nine (certified) specialist insolvency lawyers at a total of eight office locations serve across Germany as insolvency administrators, insolvency monitors and trustees. In addition, we can fall back on about 40 lawyers and tax consultants, each with their special expertise. Over the years, we have developed long-standing, reliable cooperations with independent tax consultants and auditors, who assist us in matters that entail particularly complex fiscal or balance sheet issues.

Derra, Meyer and Partners have own offices in Italy and Poland and maintain cooperation relations with colleagues in Russia and Turkey. Through their membership in the DIRO AG network of lawyers, the law firm is well connected throughout Europe. Handling international clients is part of our daily business. This valuable experience is particularly valuable when we handle cross-border and domestic insolvencies. Accordingly, we are able to process national and international insolvencies and matters affected by insolvency, irrespective if they concern sole proprietorship businesses or listed public companies. The list of our European engagement is long, ranging from long-term experience in Italian insolvency law to planning proceedings in Slovakia or assisting German-Polish companies during the insolvency process.

In addition, our lawyers regularly write articles and reviews on  current developments in various specialty areas of insolvency law - for example, cross-border insolvencies, or Italian and Polish insolvency law.

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