“Restructuring advice” sounds about as inciting as “apicoectomy”, but we can do it without anesthesia.
Restructuring.
We accompany business directors, shareholders and owners of companies in crisis and creditors and investors in all stages of reorganization or insolvency. Our clients benefit from many years of experience we have gained in the area of insolvency administration and trusteeship.
We comprehensively advise managing directors and management boards of companies in crisis to avoid any liability risks in pre-insolvency stages of crisis. Together with the business directors and, if necessary, in consultation with business consultants and tax advisors, we develop and assess measures to overcome business crises through insolvency proceedings. We rscrutinize the prerequisite to apply for an application for insolvency proceedings from a legal point of view and advise on the various possibilities of reorganization in insolvency proceedings, in particular also as debtors in self-administration and insolvency plan proceedings. In this respect, we accompany the business directors in the submission of a corresponding application for insolvency proceedings and act as legal advisors in such.
Advising shareholders in crisis primarily aims to maintain the value of the company. We have proven expertise in the conception and implementation of restructuring and reorganization matters outside of insolvency proceedings. However, especially with self-administration and protective proceedings which can lead to an insolvency plan, insolvency law offers attractive reorganization instruments to maintain the shareholder value as best possible. We weigh the possible options for acting with the shareholders and then accompany them from the planning to implementation.
In any case: the earlier business directors and shareholders recognize a crisis and obtain reorganization law advice, the greater the diversity of possible reorganization and restructuring options.
We advise contractual parties, creditors and financers preventatively in the insolvency-proof drafting of agreements and namely in the provision of securities. We particularly focus is on the avoidance of the risks of the contestation of insolvency. If insolvency proceedings are initiated with regard to the assets of a contractual party, we comprehensively advise creditors to safeguard their rights in the course of the insolvency proceedings including the defense against insolvency contesting claims, which are asserted by the insolvency administrator in consideration of performances obtained or securities granted.
Lastly, we advise investors in the acquisition of companies in crisis or insolvent companies. Investors profit from our many years of expertise obtained in multiple national and cross-border insolvency proceedings on both, buyer and seller sides.
Contact persons.
Dr. Dietmar Penzlin
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dpenzlin@sjpp.de
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Dr. Christian Mikolajczak
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cmikolajczak@sjpp.de
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Stefanie Enzenhofer
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senzenhofer@sjpp.de
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