Commercial law
in the restructuring process
Well equipped.
And ready to enter new territory.
Schultze & Braun sees every crisis as an opportunity for reorientation. And believes that alternative paths and options must be considered alongside more traditional approaches. Our specialists identify structures that are not conducive to the desired outcome and support companies – from the legal, financial and fiscal perspectives – through restructuring.
Our decades of experience enable us to produce sustainable solutions, developed in partnership with the client and tailored to their individual requirements and situation. Many entrepreneurs are already taking the opportunity to reboot their business with us.
And if insolvency is unavoidable, we can also help companies lay the groundwork for a fresh start.
Corporate restructuring
How can a change in corporate structure contribute to a programme of restructuring?
Time is short. Complex operations are unavoidable. The top-class interdisciplinary team at Schultze & Braun begins by defining the target structures appropriate for the client’s needs. Then these structures are implemented. Here we design and negotiate all the agreements and documentation that our clients require.
Our range of services:
- Capital structure improvement
- Spin-off and sale of loss-making entities
- Resolution of shareholder disputes
- Company liquidations, changes of legal form and formation of new companies in Germany and abroad
Commercial restructuring
How can the causes of a business crisis be remedied?
In many cases, a crisis results not just from external factors, but also from the company’s own operations. Failing to recognise and resolve these problems in good time will make restructuring significantly more difficult. To address this, Schultze & Braun identifies where reorganisation is required and takes preventative action before an existential crisis has a chance to take hold.
Our range of services:
- Accounts receivable management, enforcement and defence of claims.
- Optimisation of purchasing, sales and project contracts.
- Implementation of personnel measures
- Operational management support
Financial restructuring
How can a company in financial distress protect its liquidity and stabilise its equity position?
Schultze & Braun can design and develop all the financial instruments needed to do this. As a member of the Loan Market Association, we also support credit institutions, banking syndicates and financial and strategic investors in relation to lending, collateralisation and buying and selling of loan receivables.
Our range of services:
- Capital structure improvement
- Asset and liability-side liquidity measures
- Fresh money
- Collateral structure optimisation
Distressed mergers & acquisitions
Who profits from mergers and acquisitions prompted by financial difficulties or insolvency?
Even a crisis can present opportunities for companies, shareholders and investors. There may be opportunities to acquire a company at a favourable price or to dispose of less attractive parts of a company, for example. However, specific rules apply when a company is in distress, and these rules also have an impact on corporate transactions. Schultze & Braun knows these rules inside out. Our clients also benefit from our extensive experience of negotiating with insolvency administrators, banks, employees, suppliers, customers and creditors.
Our range of services:
- Spin-off and sale of business units
- Maintenance of key supplier and customer relationships
- Preservation of staff expertise
- Sale of distressed and insolvent companies via restructuring by transfer or insolvency plan
Insolvency-related advice to creditors
How can creditors be protected against financial loss when insolvency is imminent or has actually occurred?
In a situation like this, time is money. So for Schultze & Braun, creditor advisory work doesn’t just begin when a contractual partner actually enters insolvency, and this work involves much more than just advising on filing claims.
Our range of services:
- Insolvency-related claim and collateral management
- Representation in creditors’ meetings and committees
- Granting and securing of insolvency estate loans
- Debt-to-equity swaps
Insolvency-related liability claims
When a company is in crisis, how can decision-makers, advisers and banks guard against liability and avoidance risks?
Schultze & Braun can advise clients on options for preventative action to avert liability and protect themselves. And if problems arise, we can also bring or defend insolvency-related claims before the courts.
Our range of services:
- Advising executives, shareholders and other stakeholders in case of financial distress or insolvency
- Legal certainty for providers of bridging and restructuring loans
- Liability arising from delay in filing for insolvency and (de facto) management
- Avoidance in insolvency
Contacts restructuring - commercial law
Nils Andersson-Lindström
+49 421 43301-28
NAndersson@schultze-braun.de
Dr Eberhard Braun
+49 7841 708-211
EBraun@schultze-braun.de
Dr Peter de Bra
+49 7841 708-251
PdeBra@schultze-braun.de
Thomas Dömmecke
+49 421 43301-16
TDoemmecke@schultze-braun.de
Achim Frank
+49 7841 708-274
AFrank@schultze-braun.de
Karsten Kiesel
+49 711 23889-235
KKiesel@schultze-braun.de
Gunnar Müller-Henneberg
+49 711 23889-625
GMuellerhenneberg@schultze-braun.de
Dr Michael Rozijn
+49 421 43301-32
MRozijn@schultze-braun.de
Detlef Specovius
+49 7841 708-251
DSpecovius@schultze-braun.de
Dr Ludwig J. Weber
+49 421 43301-12
LWeber@schultze-braun.de