Insolvency and Restructuring

 

An enterprise’s economic crisis often triggers substantial legal problems, in particular liability risks, for
the creditors, debtors, suppliers, customers, shareholders and managers involved. Also and especially in times of economic strength, a careful examination of insolvency-relevant aspects of complex contractual relationships and transactions is indispensable. We extensively advise the players before, during and after crises.

 

Dr. Nefail Berjasevic, EMBA; LL.M. (NYU)

Partner

Telephone: +49 221 2091 428
Telefax: +49 221 2091 333

nefail.berjasevic@oppenhoff.eu

Bulgaria, Croatia, Czech Republic, Hungary, Romania, Slovakia, Slovenia, Turkey

Current topics of insolvency and restructuring law

Lecture content

This lecture covers the current topics of insolvency and restructuring jurisprudence and legislation at any time.

Target group

Specialists, legal practitioners in general, managing directors

Duration

45 - 60 minutes

Distressed Suppliers – Strategies for Avoiding and Handling the Crisis

Lecture content

Everyone should have at least a basic knowledge of insolvency law, for it can affect us ourselves or our own clients and/or suppliers. Against this background, the lec-ture handles the “nuts and bolts” of insolvency law.

Target group

Legal practitioners in general, employees working in distribution/risk assessment

Duration

45 - 60 minutes

An introduction to insolvency law
Lecture content

Everyone should have at least a basic knowledge of insolvency law, for it can affect us ourselves or our own clients and/or suppliers. Against this background, the lecture handles the “nuts and bolts” of insolvency law.

Target group

Legal practitioners in general, employees working in distribution/risk assessment

Duration

45 - 60 minutes

The main features of reorganisation law

Lecture content

At the latest since the entry into force of the German Act to Further Facilitate the Reorganisation of Enterprises (Gesetz zur weiteren Erleichterung der Sanierung von Unternehmen, ESUG) on 1 March 2012, reorganisations as opposed to insol-vencies are far more frequent. Against this background the lecture presents the in-dividual crisis stages of an enterprise (stakeholder/strategy/product sales and suc-cess crisis as well as factual insolvency) and the respective possible counter-measures in and outside the framework of insolvency proceedings.

Target group

Specialists

Duration

45 - 60 minutes

New tactics in shareholder disputes: the Suhrkamp case

Lecture content

Since 2012 the German Insolvency Code (Insolvenzordnung, InsO) has permitted an intervention in existing shareholder rights in the debtor company for restructur-ing purposes. The majority shareholder of Suhrkamp Verlag GmbH & Co. KG made use of this newly created instrument to end years of dispute with the minority shareholder over the management of the publishing house. The lecture presents the tactics applied and addresses the question of where the boundaries of this new instrument for resolving shareholder disputes lie.

Target group

Corporate lawyers in legal departments, legal practitioners in general

Duration

60 - 90 minutes

Comfort letters and declarations of subordination in balance sheets and insolvency
Lecture content

Comfort letters and declarations of subordination are tried and tested instruments of group financing. As the current development of jurisprudence shows, however, these instruments only fulfil expectations if they meet the requirements of both insolvency law and tax law. This lecture therefore explains the prerequisites and legal consequences of comfort letters and declarations of subordination.

Target group

Specialists, legal practitioners in general, employees working in treasury/finance/tax/risk assessment

Duration

30 - 45 minutes