Insolvency Lawyer – Insolvency & Restructuring
Companies and managing directors are often under considerable time pressure in economic crisis situations. Illiquidity or over-indebtedness raise not only civil law but regularly also criminal and liability law questions.
As insolvency lawyers, we advise entrepreneurs, managing directors, and shareholders in crisis situations – with a particular focus on insolvency law obligations, liability risks, and criminal law consequences.
Our advice is nationwide and combines insolvency law with expertise in white-collar crime and tax criminal law.
Insolvency Law and Criminal Law – A Sensitive Interface
Insolvency proceedings are often associated with criminal investigations. Accusations such as delaying insolvency proceedings, bankruptcy, preferential treatment of creditors, or embezzlement quickly arise.
It is precisely here that insolvency law and white-collar criminal law are closely intertwined. An isolated insolvency law perspective is often insufficient.
We advise and represent clients in this sensitive phase with a clear focus on:
- Avoiding personal liability
- Averting criminal law risks
- Strategic communication with insolvency administrators and authorities
Insolvency Petition – Legal Obligations and Risks
Managing directors of a GmbH or executive board members of an AG are obliged to file for insolvency in a timely manner in cases of illiquidity or over-indebtedness. Delayed action can lead to significant personal liability risks and criminal charges, particularly for delaying insolvency proceedings.
As lawyers for insolvency petitions, we examine:
- whether grounds for an insolvency petition exist
- which deadlines must be observed
- whether restructuring options are available
- how personal liability risks can be minimized
In crisis situations, a structured and objective analysis is crucial – not a panic reaction.
Restructuring instead of Liquidation
Not every economic crisis necessarily leads to the liquidation of a company. Restructuring options, reorganization measures, or orderly negotiations with creditors can – depending on the initial situation – represent realistic alternatives.
As insolvency lawyers, we assess early on which options exist and which legal steps are necessary.
The goal is to preserve economic value and limit personal risks.
Personal Liability of Managing Directors and Shareholders
Managing directors may be personally liable during a crisis – for example, in cases of delayed filing, prohibited payments, or breaches of duty.
Early advice helps to correctly assess risks and avoid wrong decisions.
We only accept mandates in this area if we are convinced that we can handle the complex legal situation with the necessary specialization and diligence.
Nationwide Insolvency Law Advice
Our work as insolvency lawyers is nationwide.
We advise discreetly, structured, and with an eye for the economic implications of a crisis.