We primarily act as insolvency administrators and trustees but also as legal advisers of companies in need of restructuring, their executive organs or their very different stakeholders in connection with restructuring processes and insolvency proceedings.
Taking responsibility, shaping the future
The competent insolvency court appoints us as insolvency administrator in standard insolvency proceedings and as trustee in insolvency protection proceedings or self-administration proceedings. The prime concern for us in these proceedings is to safeguard the interests of creditors as best possible and to keep those companies going which can be restructured whilst saving as many jobs as possible.
In frequent cases, these objectives can only be reached by a provisional continuation of the company by the insolvency administration. We are not afraid of assuming entrepreneurial responsibility in situations such as these whilst simultaneously examining the long-term continuation or take-over options for the respective company. Frequently supported by an interdisciplinary team of experts, we conduct M&A processes, develop the necessary operative reorganisation measures and negotiate with works councils and the trade unions involved to achieve restructuring which is as socially compatible as possible within the context of sustainably securing jobs.
We have experience in the elaboration and implementation of insolvency plans for individual companies and we enforce a broad variety of claims under insolvency law against third parties in the interests of the creditors both out of court and also forensically.
Whilst the preferred option is always to restructure the respective company or those parts of the company to be kept going, we also have the experience and decision-making strength to liquidate and wind up companies if there is no continuation perspective.
In cases in which we are appointed trustee in insolvency protection and self-administration proceedings, we monitor compliance with the requirements of insolvency law by the self-administrating company and its executive organs to protect the creditors, and in this function we also actively participate in the restructuring process.
The insolvency proceedings we deal with concern companies from a broad variety of sectors and sizes – from traditional SMEs through to international groups. The law firm Kebekus et Zimmermann Rechtsanwälte has the staffing resources and the expertise to also address complicated large cases with international complexity. Our approach is characterised by transparency, independence and professionalism.
Ways out of crisis
In addition to our activities as insolvency administrator and trustee, we also provide advisory services. For example, based on our legal and business expertise in connection with restructuring processes and insolvencies, we also support the stakeholders involved in the preparation and implementation of restructuring solutions and in insolvency proceedings conducted by other insolvency administrators.
Here, we offer comprehensive legal advice in the field of insolvency law and in closely associated legal areas, primarily commercial, company and labour law. Our clients are in particular company directors, shareholders, supervisory boards, other executive organs as well as creditors and other stakeholders in need of judicial support in the assertion of their claims. The contents of such mandates range from the registration of claims, the examination and enforcement of special rights, through to full representation of interests in the respective proceedings und depend greatly on the individual case.
Since self-administration is usually only supported by the creditors or the courts if restructuring and insolvency law expertise exists in the company, we advise and support management in insolvency protection and self-administration proceedings also as an agent, and in special cases also in an executive function (CRO, general agent, etc.).