Insolvency Law

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Financial difficulties and economic crises can strike companies unexpectedly and place managing directors in challenging decision-making situations. At the same time, directors are legally required to implement monitoring measures to detect signs of insolvency at an early stage. Early and professional advice is essential to minimise legal risks, retain strategic flexibility, and safeguard business continuity. Without a clear strategy, personal liability, financial loss, and unplanned insolvency become real threats. 

For creditors, however, business partners in financial distress also pose a significant risk. During insolvency proceedings, already received payments may be subject to clawback. It is important to carefully assess which measures can be taken to safeguard and maintain contractual relationships with companies at risk of insolvency. 

Common challenges for companies include: 

  • Identifying and assessing grounds for insolvency and filing obligations 
  • Developing restructuring and recovery strategies 
  • Negotiating with creditors to reduce debt 
  • Measures to preserve or restore liquidity 
  • Minimising personal and corporate liability 
  • Legal support throughout insolvency proceedings and court disputes 

Auren’s Insolvency Law Advisory Services 

Our experts support you in every phase of a corporate crisis – from early prevention and restructuring to legal representation during insolvency proceedings.  We help you make informed decisions to either restructure your business or find the best possible outcome for all parties in a structured process. 

We also support you in safeguarding contractual relationships with business partners in financial distress and assist in defending against claims brought by insolvency administrators. 

Our interdisciplinary approach combines legal, tax, and business expertise to develop sustainable solutions tailored to your company. Our goal is to maximise your options and minimise economic damage. 

Our Services in Detail 

Assessment of legal risks and obligations under insolvency law
  • Analysis of the financial situation and assessment of insolvency filing obligations
  • Legal evaluation of insolvency grounds and relevant deadlines
  • Prevention of personal liability for managing directors
Restructuring and Recovery Advisory
  • Development of viable restructuring concepts and alternatives to insolvency
  • Support in out-of-court settlement negotiations
  • Negotiations with banks, investors, and creditors
Support During Insolvency Proceedings
  • Preparation and initiation of insolvency proceedings
  • Representation in insolvency administration and creditors’ meetings
  • Advice on self-administration and protective shield proceedings
Creditor and Contract Management
  • Assistance in enforcing claims and defending against clawback demands
  • Review and optimisation of existing contractual relationships
  • Negotiation of restructuring plans and payment arrangements

Your Benefits 

  • Legally sound advice to avoid personal liability
  • Early identification and use of restructuring opportunities
  • Efficient reorganisation to secure business continuity
  • Support in negotiations with banks and creditors
  • Guidance from experienced insolvency and restructuring experts

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