Insolvency law and restructuring

​​​​​Rödl & Partner provides advisory in connection with companies in distress, representing the interests of all stakeholders involved in formal insolvency as well as out-of-court proceedings. We work across borders and disciplines with local and international experts especially in the fields of company law, distressed M&A, employment law, banking and financial law, capital markets law as well as tax law.

 

We advise primarily the management of distressed companies, secured and unsecured creditors, customers and suppliers as well as insolvency practitioners in all insolvency law matters. In the course of a transferring restructuring, we advise both sellers and buyers. In the restructuring of companies, we advise on the preparation of insolvency plans (also within the framework of insolvency protection proceedings) and on debtor-in-possession administration matters.

 

Avoidance/reduction of liability risks, avoidance/reduction of criminal liability risks, assistance in filing for insolvency, assistance in insolvency proceedings
 

Assertion and enforcement of claims in insolvency proceedings, enforcement of security interests e.g. retention of title, contract optimisation, advisory in connection with creditors’ pools
 

Legal assistance in handling on-going contractual relationships in the context of insolvency or petition-for-insolvency proceedings
 

Health care and non-profit organisations

We support health care stakeholders (e.g. hospitals, nursing homes, foundations, doctors, pharmacists, community health centers, insolvency administrators, etc.) in the context of crises and insolvency situations. This includes, among others, assisting health care companies in out-of-court proceedings to avoid insolvency and also – in case of the inevitability of an insolvency filing – in the implementation and monitoring of sector-specific insolvency plan and self-administration procedures and / or corresponding company sales and acquisitions. 

Expert opinions, identification and assertion of (court) claims in relation to insolvent estate, especially contesting insolvency, insolvency related employment law, assistance in distressed M&A transactions

Insolvency administrators, tax consultants and auditors

We provide assistance in all questions related to insolvency tax law (e.g. drawing up expert opinions on the treatment of insolvency tax matters, obtaining binding information to prevent the creation of restructuring profits, taking over insolvency bookkeeping as well as support with audits and tax dispute proceedings). 

Debt-equity swap, insolvency plans, debtor-in-possession administration, insolvency protection proceedings, subordination agreements, letters of comfort, agreements granting the debtor a respite or cancellation of debts in order to avoid bankruptcy, out-of-court settlements, employment law.