Insolvency in Germany

CMS

CMS offers insolvency law support in preventive as well as insolvency-related matters and focuses on advising insolvency administrators, credit institutions, insurance and healthcare companies as well as automotive suppliers on insolvency and restructuring proceedings, including the drafting of insolvency plans. The team is also well versed in supporting creditors of insolvent and pre-insolvent companies in the assertation of interests as well as risk management pertaining to insolvency contestation. Here, practice head Alexandra Schluck-Amend is a key contact; she boasts insolvency law expertise as well as corporate law know-how. Key contact Michael Frege is experienced in insolvency administration and advice, including special insolvencies and receiverships.

Weitere Kernanwälte:

Michael Frege


GÖRG Partnerschaft von Rechtsanwälten mbB

GÖRG Partnerschaft von Rechtsanwälten mbB focuses on supporting complex insolvency and restructuring proceedings, which frequently include cross-border aspects. The team regularly acts on behalf of shareholders and creditors in self-administration proceedings and restructuring via trusteeships and is also well versed in the drafting of insolvency and restructuring plans in accordance with StaRUG. Co-head Gerrit Hölzle regularly acts as insolvency administrator, trustee and general representative in self-administration proceedings; he jointly leads the team with Christian Bärenz, who is experienced in restructuring matters, in and out-of court restructuring as well as cross-border insolvency issues. Key contact  Holger Leichtle acts as an insolvency administrator as well as trustee and advises on operational management in self-administrations.

Referenzen

‘Holger Leichtle is an outstanding insolvency administrator with particular strength in the automotive industry and in ESUG proceedings.’

‘Thorsten Bieg is a brilliant insolvency administrator with particular strength in options analysis.’

‘Torsten Martini is a fantastic insolvency administrator with particular strength in ESUG proceedings.’

‘The GÖRG team has excellent specialist knowledge. Usually, several colleagues are involved, who take part in telephone conferences together and then coordinate internally. This means that the solutions presented are not just developed by a single lawyer, but as a team, which leads to a high degree of practical relevance and probability of correctness.’

‘Görg is characterized by a very high level of industry-specific expertise and a great enthusiasm for innovation.’

‘Great team.’

Kernmandanten

Signa Real Estate Management GmbH


Euroboden GmbH


GERCH


Green City Kraftwerkpark II und III


Eissmann Automotive Gruppe


The Social Chain AG


Achimer Stadtbäckerei


Knapheide Unternehmensgruppe


SMA Metalltechnik GmbH & Co. KG


Targomo GmbH


Highlight-Mandate


  • Insolvency administration of over 130 companies of the Signa Group.

  • Implementation of the self-administration of the four parent companies of GERCH (GERCHGROUP AG, GERCH Development GmbH, Marathon Beteiligungsgesellschaft mbH and GERCH Beteiligungen GmbH), which filed an application for the opening of insolvency proceedings in self-administration with the Düsseldorf District Court in August 2023.

  • Restructuring advice and preparation of two insolvency plans for the solvent continuation of the Green City Group’s wind farms. Liabilities of over €100 million are being restructured, including several domestic and foreign bonds.

White & Case LLP

White & Case LLP is well versed in advising companies from the automotive, healthcare, aviation, retail and shipbuilding sectors on all aspects of insolvency law. Amon the mainstays are the support in insolvency proceedings and the drafting of insolvency plans. Sylvia Fiebig is a key contact for matters pertaining to the shipping industry. She is part of the practice led by Sven-Holger Undritz, who regularly acts as insolvency administrator, and also includes Biner Bähr and Bero-Alexander Lau, who were recently appointed insolvency administrators of the fashion group Ahlers. Other key contacts include Jan-Philipp Hoos (insolvency administrator and trustee), Felix Höpker (group insolvencies and insolvency administration), Andreas Kleinschmidt (insolvency administration and self-administered insolvency proceedings/protective shield proceedings) and Daniel Schwartz (insolvency administration, acquisitions out of insolvency, restructuring, self-administration and protective shield proceedings).

Praxisleiter:

Sven-Holger Undritz


Weitere Kernanwälte:

Biner Bähr; Bero-Alexander Lau; Sylvia Fiebig ; Jan-Philipp Hoos; Daniel Schwartz; Felix Höpker; Philipp Hackländer; Christoph Schulte-Kaubrügger


Referenzen

‘Market leader.’

‘Sven-Holger Undritz is very competent and service-oriented.’

‘Outstanding team of excellent insolvency lawyers. They combine a high legal level with a deep economic understanding.’

Kernmandanten

e.GO Mobile AG


Harfid GmbH


Aquis Care-Gruppe


deinSchrank.de-Gruppe


Ahlers-Konzern


TK Fashion


St. Mauritius Therapieklinik Meerbusch gGmbH


The Body Shop Germany GmbH


Deutsche Steinzeug Cremer & Breuer Aktiengesellschaft


Blue Gate Aachen GmbH


Watchmaster ICP GmbH


Einkaufszentrum Schloss-Strassen-Center GmbH


Gemeinnützige Gesellschaft für berufsbildende Maßnahmen mbH (GFBM)


TreuGrund Immobilien GmbH


Spark Networks SE


Blue Gate Aachen GmbH


Instafreight GmbH


Orsay GmbH


Dahmen Maschinen- und Formenbau GmbH & Co. KG


Bonus.Gold GmbH


helloFiber GmbH


Framode GmbH – pimkie


AvP


GEMO-Gruppe


Heinrich Huhn GmbH + Co. KG


PWK Automotive


Saurer Technologies


Hakle GmbH


DMV Deutsche Metallveredlung GmbH


educaro-Gruppe


Burnus Gruppe


Eyemaxx Real Estate AG


Ludwig Pfeiffer Hoch- und Tiefbau GmbH & Co. KG


Rhein-Main TV


Heubach-Gruppe


Schoofs Immobilien GmbH Frankfurt


SC Finance Four GmbH (One Group)


WT Systems GmbH


asknet Solutions AG


Wohn-Center Spilger GmbH & Co. KG


di support GmbH


Sächsische Metall- und Kunststoffveredlungs GmbH (SMK)


Linden GmbH


DRK Ostwestfalen-Lippe Soziales Wohnen gGmbH


Codema Deutschland GmbH


St. Willibrord-Spital Emmerich-Rees gGmbH


Levantus-Gruppe


F1-Generation GmbH & F1-Logistics GmbH


Baltic Airport Mecklenburg GmbH


Curata Care Holding GmbH


HeLi NET Telekommunikation GmbH & Co. KG


Lition Energie GmbH


natGAS Aktiengesellschaft


Aachener (TEH Textilhandel GmbH)


Arbeiter-Samariter-Bund Regionalverband Westliches Westfalen / Sauerland e. V.


Bäckereikette Armster


Gigaset Communications GmbH


Desus Gruppe


Teichmann Racing GmbH


Beate Uhse AG; Beate Uhse Netherlands B.V.; Beate Uhse Franchise GmbH & Co KG; Beate Uhse new medi@ GmbH


BONITA GmbH


Auto Wichert


OfficeCentre GmbH (Staples)


Ludwig Görtz GmbH mit ihren beiden Tochterfirmen Görtz Retail GmbH und Görtz Logistik GmbH


Der Blaue Hummer Eventcatering GmbH


Revitalis Real Estate AG


Hanseatische Immobilien Treuhand (HIT)


Völker GmbH


Highlight-Mandate


  • Representation as trustee in self-administration proceedings of the project developer Revitalis.

  • Representation as insolvency administrator of the sale of the fashion group Ahlers.

  • Representation of the administrator of Gigaset Communications GmbH.

Dr Beck & Partner GbR Rechtsanwälte

Dr Beck & Partner GbR Rechtsanwälte‘s team consists of eight insolvency administrators listed at various courts and focuses on standard insolvency proceedings as well as self-administration and protective shield proceedings; here, the practice follows an interdisciplinary approach in advising on general business operations. Joachim Exner regularly acts before southern German courts and increasingly nationwide, he boasts insolvency and restructuring law expertise, which is routinely drawn upon in administrations of international manufacturing companies from the mechanical engineering, plant engineering and automotive supply sectors. Hubert Ampferl is well versed in drafting insolvency plans as well investor solutions and regularly acts as administrator in self-administration and protective shield proceedings.

Highlight-Mandate


Flöther & Wissing

Flöther & Wissing focuses on insolvency and self-administration and is also well versed in asset management, reorganisation and restructuring issues. In addition to the industry focus on aviation, the team increasingly acts as insolvency administrators of companies from the real estate, banking, e-commerce and energy sectors. Due to his expertise in insolvency law, Lucas Flöther is regularly appointed insolvency administrator by insolvency courts and routinely acts as trustee in self-administration proceedings. He jointly heads the practice with Andreas Wissing (insolvency law and litigation).

Referenzen

‘Lucas Flöther is a strong lawyer.’

‘Lucas Flöther is one of the best insolvency administrators in Germany. With his combination of intellectual strength and highly efficient pragmatism, he is the first choice, especially for complex situations.’

‘An extremely strong law firm for insolvency administration with very good networks.’

Kernmandanten

Delikata Magdeburger Fleisch- und Wurstwaren GmbH


Branicks Gruppe


Softline AG


Eurocity AG


VTB Bank (Europe) SE


EAB Energieanlagen-Betriebsgesellschaft mbH


Bodeta Süsswaren GmbH


CargoLogic Germany


Condor Flugdienst GmbH


Air Berlin Group


NIKI Luftfahrt GmbH


UNISTER Group


Highlight-Mandate


  • Advice on insolvency and restructuring, in particular on continued business operation, and on the sale of Condor Flugdienst GmbH.

  • Advice on the liquidation of the Air Berlin Group with around 1.3 million creditors and several billion in claims.

  • Supporting the restructuring proceedings of the listed real estate specialist Branicks Group AG (formerly known as DIC Asset AG).

Grub Brugger

Grub Brugger's expertise in restructuring and insolvency is regularly requested by insolvency administrators and investors regarding company acquisitions out of insolvency. Other mainstays include the support in self-administration and protective shield proceedings as well as trusteeships and standard proceedings. The practice is jointly led by Martin Mucha, who acts as insolvency administrator and trustee in corporate insolvencies, including standard insolvency, self-administration and protective shield proceedings, and Jochen Sedlitz, who offers expertise in insolvency law and regularly acts as chief restructuring officer. Key contact Nora Sickeler is experienced in continued business operations and reorganisation of companies in standard and self-administration proceedings.

Weitere Kernanwälte:

Nora Sickeler


Kernmandanten

Compleo Charging Solutions AG


HABA Family Group


Kappus GmbH


Biovegan GmbH


Bmp biogas (EnBW-Gruppe)


Creditshelf AG|


Eisenwerk Hasenclever GmbH


Auto-Kabel-Gruppe


Klinger-Gruppe


Anchor Rechtsanwälte

Anchor Rechtsanwälte's team comprehensively covers all aspects of insolvency and restructuring, including the support to companies, shareholders and governing bodies in self-administration and protective shield proceedings as well as the implementation of insolvency plans; the practice also has expertise in restructuring and trusteeships. Silvio Höfer offers longstanding expertise in self-administration and protective shield proceedings as well as insolvency administration; these competencies correspond with the focus of Tobias Wahl.

Praxisleiter:

Silvio Höfer


Weitere Kernanwälte:

Tobias Wahl


Referenzen

‘Very committed team that handles a wide range of changing issues competently and very promptly.’

Kernmandanten

Borbet Solingen GmbH


SONOTRONIC Nagel GmbH


Biomammut GmbH


Heger GmbH


Aurora Lichtwerke GmbH


Metropol Projektentwicklung Ludwigshafen GmbH & Co. KG


Alape GmbH


DBI Supply Chain Germany GmbH


W. Schillig Polstermöbelwerke


P12 Immobilien KG


Inmatec Technologies GmbH


Prowork GmbH


Boes Präzisionsstanzteile GmbH


Lange Bau Gruppe


Primus Gruppe


Wilhelm Wissmann GmbH


Hoeller Electrolyzer GmbH


Boryszew Gruppe


Sternenbäck Bäckereigruppe


Soli Infratechnik GmbH


Global Care Intensivpflegedienst GmbH


HRL River Cruise Ventures III GmbH


Entrafin GmbH


Fiwoim GmbH


Highlight-Mandate


  • Insolvency administration of Soli Infratechnik GmbH, a leading German company in the fiber optic industry.

  • Trusteeship of the Sternenbäck bakery group, a German bakery company based in Hechingen.

  • Insolvency administration of Fiwoim GmbH, a medium-sized project developer specializing in the planning, development and management of residential properties in southern Germany.

BRL BOEGE ROHDE LUEBBEHUESEN

BRL BOEGE ROHDE LUEBBEHUESEN's insolvency and restructuring team covers traditional insolvency law issues, including distressed M&A, insolvency employment as well as insolvency tax law. The team focuses on hospital insolvencies and restructuring, while also increasingly supporting clients from the renewable energy, retail, fashion and aviation sectors. The practice is jointly led by Stefan Denkhaus, Friedemann Schade, Friederich von Kaltenborn-Stachau and Dorothee Madsen, who routinely as insolvency administrators and trustees in insolvency, self-administration and insolvency plan proceedings; they are additionally well versed in insolvency-related creditor advice. Insolvency administrator Georg Faude joined the team from CMS in late 2024.

Referenzen

‘Very loyal and professional team, key team in restructuring and insolvency.’

‘Excellently staffed, even behind the scenes. High integration of practice and law.’

‘Stefan Denkhaus, Friedemann Schade and Friedrich von Kaltenborn-Stachau are all highly qualified in legal expertise with many years of experience in the field of restructuring/insolvency. They are skilled in both administration and client business.’

Kernmandanten

Lehmensiek Tele-Technik GmbH


Lehmensiek Tiefbau GmbH


JoyBräu GmbH


Klinikum Bad Bramstedt GmbH


Deerberg GmbH


Imland gGmbH


Fonds 4 AvR Bleckede Grundstück Verwaltungs GmbH & Co. KG


A.W. Niemeyer GmbH


Evangelisches Krankenhaus Lutherhaus gemeinnützige GmbH


Galeria Karstadt Kaufhof GmbH


Linguland Education GmbH


Sportsbar Bielefeld Gastronomie GmbH


Simo-Trial GmbH & Co. KG


The Social Chain AG


Expertlead GmbH


Urbanara GmbH


Comgy GmbH


Magix Softwaregruppe


sib Silvester in Berlin Veranstaltungen GmbH


oculid GmbH


Shoepassion GmbH


Möbelcreative GmbH


DERKORB GmbH


GUARDEN Group


GvW Graf von Westphalen

GvW Graf von Westphalen boasts expertise in insolvency dispute resolution, including insolvency-related in and out-of-court disputes pertaining to crisis situations, D&O liability matters as well as insolvency contestation; further mainstays include the support in insolvency administration and insolvency plan proceedings. These competencies correspond with the core strengths of practice head and insolvency litigation expert Wolfram Desch. He is supported by insolvency administrator Carsten Liersch and Ansgar Hain, who was appointed to partner in January 2024 and routinely acts as insolvency administrator and trustee.

Praxisleiter:

Wolfram Desch


Weitere Kernanwälte:

Carsten Liersch; Ansgar Hain


Referenzen

‘The team is active across the board in the areas of restructuring/insolvency as well as directors’ liability/D&O. It is worth mentioning that they prepare the facts very thoroughly and are also able to clarify day-to-day business questions and evaluate large amounts of data.’

‘Wolfram Desch is a very analytical and precise lawyer who handles the largest and most complex matters for us.’

‘They are extremely committed, proactive and economically minded. Their quality sets them apart from the market.’

‘Straightforward, focused, with concrete, practical solutions and very reliable. A master of his craft.’

Kernmandanten

Art-Invest Real Estate Management GmbH & Co. KG


Invesco Real Estate


JKL Kunststofflackierung GmbH


pepper motion GmbH


Staatsbetrieb Immobilien Freistaat Bayern


Schmidt-Jortzig Petersen Penzlin

The insolvency and restructuring practice at Schmidt-Jortzig Petersen Penzlin is experienced in advising clients from the renewable energy, retail and finance sectors. The team focuses on insolvency plans, self-administration proceedings and debt-equity swaps. Practice head Dietmar Penzlin regularly acts as trustee and insolvency administrator, particularly across the maritime economy and renewable energy sectors. He is supported by Niklas Marwedel, who is well versed in advising IT companies and retail sector clients, and Christian Mikolajczak; the latter boasts expertise in the retail industry.

Praxisleiter:

Dietmar Penzlin


Weitere Kernanwälte:

Niklas Marwedel; Christian Mikolajczak


Referenzen

‘Technically still outstanding, also in the area of ​​StaRUG.’

‘M&A hand in hand with insolvency and restructuring.’

‘Dietmar Penzlin is a top lawyer in his field. Outstanding and social competence in conflict resolution. Also benefits the processing of insolvency proceedings and the satisfaction of creditors.’

Kernmandanten

DIAKO Krankenhaus gGmbH


Isartal Health Media GmbH & Co. KG


Luther Rechtsanwaltsgesellschaft mbH

Luther Rechtsanwaltsgesellschaft mbH demonstrates expertise in advising national and international companies in crisis, as well as investors and creditors on all aspects of insolvency law. The mainstays include the support in insolvency and protective shield proceedings, group restructuring via insolvency plans and self-administration. Practice head Gunnar Müller-Henneberg is regularly instructed by governing bodies, shareholders and creditors in the enforcement of as well as defense against claims.

Weitere Kernanwälte:

Marcus Backes


Referenzen

‘Pragmatic approach, good culture of discussion and negotiation.’

‘Marcus Backes is an experienced restructuring expert, a pleasant negotiating partner and very good in his field.’

‘High level of competence in theory and practice. Good negotiating style.’

‘Very professional, fast, results-oriented and pragmatic.’

‘Goal-oriented and pragmatic.’

Kernmandanten

Senvion GmbH


Landesnahverkehrsgesellschaft Niedersachsen


Matthews International Corporation


Fünfte Bayer Real Estate VV GmbH & Co. KG


Bank CIC (Switzerland) Ltd.


Highlight-Mandate


  • Advising the general representative of Spremberger Krankenhausgesellschaft mbH in the context of insolvency and remunicipalisation.

  • Advice on insolvency and debt law to Matthews International Corporation in the context of a bidding process for the acquisition of Olbrich GmbH as well as support for the investment at Borgers.

  • Advising Swiss-based bank CiC (Switzerland) Ltd on the recovery of a loan secured by ship mortgages to a cruise ship in the event of impending insolvency of the debtor.

Seitz

Seitz is renowned for representing insolvency administrators both in and out-of court and regularly takes the lead in contestation and liability claims against former governing bodies as well as in the defense of creditors and governing bodies against these claims. Other key competencies are the comprehensive support to creditors and companies in crisis in pre-insolvency restructuring and reorganisation as well as in insolvency proceedings. C0-head Florian Lauscher has longstanding expertise in (pre-)insolvency restructuring and insolvency litigation, he jointly heads the team with Jochen Markgraf, who focuses on insolvency-related restructuring and reorganisation proceedings.

Referenzen

‘The restructuring team is highly motivated regarding the joint projects to find common solutions for difficult tasks. Interdisciplinary topics, such as complex business issues, are also worked on in order to conclude the resulting issues on an equal footing.’

‘The law firm offers interdisciplinary expertise and also has an excellent network. The results in the proceedings it supports are consistently very good.’

‘Creativity, development of very good negotiating positions in favor of the client, development of clear strategies especially in complex matters.’

‘Extensive experience and impressive track record in the area of ​​R&R with an experienced and well-coordinated team that does not lose sight of the goals and focus of a restructuring.’

‘The entire team is always polite, easy to contact and delivers very quick and yet reliable solutions. A law firm like Seitz Rechtsanwälte is unfortunately rare. Here, the advantages of a larger firm are combined with the commitment of the individual to create a very special strength.’

‘Working with Florian Lauscher is always a pleasure. Once a mandate has been submitted, we as clients no longer have to worry. We rest assured that the mandate will not only be handled properly, but in the best possible way.’

Kernmandanten

Apothekerverband Nordrhein e.V.


Einkaufsbüro Deutscher Eisenhändler GmbH


ETRIS Bank GmbH


Evangelische Stiftung Volmarstein


Highlight-Mandate


  • Advising the North Rhine Pharmacists’ Association in connection with the insolvency proceedings of AvPDeutschland GmbH, in particular in concluding a settlement with the insolvency administrator regarding the separation rights of the 3,500 retail pharmacies affected by the insolvency to the reimbursement claims.

  • Representation of the insolvency administrator of the companies of the Küpper-Zelter Group regarding the in-court assertion and enforcement of liability claims against former governing bodies in various proceedings as well as with regard to measures to prevent the statute of limitations from expiring vis-à-vis the D&O insurers.

  • Advice to the purchasing office Deutscher Eisenhändler GmbH and ETRIS Bank GmbH as central regulator and main creditor of Carl Wilh. Meyer GmbH in the attempt at pre-insolvency restructuring within the framework of an IDW-S6 report and after filing the insolvency application then in the insolvency proceedings.

THEOPARK Rechtsanwälte und Steuerberater Partnerschaft mbB

THEOPARK Rechtsanwälte und Steuerberater Partnerschaft mbB boasts expertise in advising companies and insolvency administrators on insolvency law, including the drafting of insolvency plans, the enforcement of and defense against insolvency-related claims as well as the support in restructuring. The team also assists with the acquisition and sale of insolvent companies; practice head Rainer Schaaf is a key contact here. The latter is additionally well versed in reorganisation proceedings and liability claims.

Praxisleiter:

Rainer Schaaf


Weitere Kernanwälte:

Alexander Saueracker


Referenzen

‘A very flexible and committed team.’

‘The team responds excellently to the needs of the client and provides very practical (and not abstract) advice. The interests of the client are represented in the best possible way.’

‘Rainer Schaaf: Very experienced in difficult negotiation situations. Excellent contract lawyer and in corporate crises. Excellent lawyer!’

Kernmandanten

Eurocov Industriebeteiligung


GRR Real Estate Management GmbH


Max Bögl Gruppe


MOIO GmbH


VeroStone GmbH


NürnbergMesse GmbH


Highlight-Mandate


  • Advising EUROCOV GETRÄNKE GmbH / EUROCOV EQUITY GmbH on the takeover of the beverage manufacturer TEUSSER Mineralbrunnen from Löwenstein in the Heilbronn region as part of a bidding process.