Special situations

Special situations

German Office

In special situations, there is virtually no way around us

With an almost unique range of services, we provide legal stability, credibility and clout. You can rely on us 100%. This is how we create calm waters and preserve existing values in the interests of all parties involved.

Our Stakeholders

To private equity funds and other professional investors, we are one of the most renowned and high-performing firms in Germany for special situations. We convey very high credibility. Many well-known distressed transactions and successful restructurings bear our professional signature.

Distressed M&A, Strategic Targeting. Deal Structuring. Operative Restructuring and Cost-Cutting. IDW S6/11 Implementation. CRO/CIO. Insolvency Plan Feasibility. Pre-Insolvency Restructuring Proceedings (StaRUG). Debtor-in-Possession Management. Trustee- and Restructuring Investor Solutions. ACT TreuInvest.

In difficult situations or in an existential crisis, we are often the final lifeline for companies and their management. You can rely on us. We ensure the necessary credibility and combine clout with strong communication skills. In this way, we establish calm waters and preserve existing value in the interests of all parties involved.

Restructuring Strategy. Liability Prevention Strategy. Operative Restructuring and Cost-Cutting. Balance Sheet Recovery. IDW S6/11 Implementation. Economic Restructuring Reporting. CRO. Tailored Search for Investors and Financial Backing. Distressed M&A. Monitoring of Factual Insolvency. Insolvency Plan Feasibility.  Pre-Insolvency Restructuring Proceedings (StaRUG). Debtor-in-Possession Management. CIO. Plan Implementation.

Shareholders obtain maximum support from us. As personalities but also as a law firm, we are recognized by stakeholders as being invarianly trustworthy, effective and fair in aligning the various interests. We create restructuring concepts from a shareholder perspective, find reputable investors known in the market and are a suitable sparring partner for strategic considerations. In this way, we not only avoid liability risks but also, in many cases, the total loss of an investment.

Conservation of Value. Strategy Consulting. Stakeholder Credibility. Insolvency Plan Feasibility. Capital Measures. Restructuring Investor Solutions. Trustee Structures. Bank Negotiations. CRO/CIO. Avoidance of Liability.

We represent the interests of creditors intelligently and proactively. As personalities and as a law firm, we are recognized by debtor companies and their shareholders as being constantly trustworthy, effective and fair in aligning all the various interests. Strengthening the substance and profitability of the debtor company is our top priority. Our fee structure also takes this into account. This way, we reduce to an absolute minimum any potential need for wright-offs on the creditor side.

Operative Restructuring and Cost-Cutting. IDW S6/11 Implementation. Economic Restructuring Reporting. CRO. Investor Contacts. Distressed M&A. Insolvency Plan Feasibility.  Pre-Insolvency Restructuring Proceedings (StaRUG). Debtor-in-Possession Management and Insolvency Monitoring. CIO. Trustee- and Restructuring Investor Solutions. Collateral Escrow. Collateral Optimization and Management. ACT TreuInvest.

For major law firms we are the optimal sparring partner for all tasks related to insolvency law and operational restructuring. As trustees and insolvency administrators with practical experience, our core competencies include both simulation of the feasibility of insolvency plan procedures and regular liquidations as well as calculation of restructuring and production wind-down scenarios. We draw up the requisite comparative calculations within the framework of in a Pre-insolvency Restructuring Proceedings (StaRUG) on the basis of full simulation and quota calculations in insolvency proceedings. We prepare unavoidable insolvency petitions in the best possible way and conduct subsequent processes in consultation with all relevant stakeholders. A fair fee structure is a matter of course. We act in collaboration with large law firms, guaranteeing that joint forces remain optimally focused even during the restructuring or insolvency phase. This is particularly true when, in debtor-in-possession and self-administered restructuring proceedings (Schutzschirmverfahren), we assume an executive function as CIO or CRO or act as general representative, or if we are appointed to act within the framework of Pre-Insolvency Restructuring Proceedings (StaRUG) or as a court-designated restructuring officer. With our 18 offices in the most important markets in continental Europe, we are one of very few practices that can put together internationally operational insolvency units.

Trusted Partner. Insolvency Plan Feasibility. Comparative Calculation within the framework of Pre-Insolvency Restructuring Proceedings (StaRUG). Court-appointed Restructuring Officer. Court Communication. CIO/CRO. Operative Restructuring. International Footprint. Second Opinion.

Our experience and independence also guarantee a fair and successful restructuring process from the creditor’s point of view. Our range of activities extends from the classic representation of creditors' interests, such as the realization of collateral, to highly creative solutions such as the implementation of capital measures in the form of debt-to-equity swaps within the framework of insolvency plan proceedings or assumption of the function of trustee and restructuring investor.

Realization of Collateral. Legal Collateral Management. Creditors’ Committee. Plan Investorship. Debt-to-Equity Swap. Analysis of Insolvency Plans. IDW S6/11 Monitoring. Business Continuity Agreements. Controlled Production Wind-Down.

With the appointment of our experts as insolvency monitors, insolvency administrators or court-appointed restructuring officers, insolvency courts receive a multidisciplinary unit that combines everything required for the professional and rapid handling of insolvency proceedings under one roof. Our restructuring experts are multilingual, have business management expertise and operational restructuring experience from taking on positions in debtor-in-possession proceedings as well as prior to insolvency. Our team also includes market-renowned specialists in the fields of M&A, corporate law and labour law. The resulting cost advantages substantially conserve the estate. With our 18 offices in the most important markets of continental Europe, we are also one of very few practices on the German market that can put together internationally operational insolvency units.

Debtor-in-Possession Management. Insolvency Monitoring. Court-appointed Restructuring Officer. Regular Administration. International Proceedings. Pre-Insolvency Restructuring Proceedings (StaRUG). Investor Access. Distressed M&A. CRO/CIO.

Owners of non-performing real estate or real estate loans as well as investors find us straight-forward, assertive and creative real estate and insolvency lawyers for whom achieving their commercial objectives always takes top priority. We are involved in many transactions with insolvency administrators and mortgage creditors and are therefore very familiar with the particularities of special engagements. Rest assured that we are not only aware of their particular legal requirements but also of the specific interests of all parties involved in such transactions, we will use that knowledge for you in the best possible way.

Distressed Real Estate Transactions. Claim Management. Refinancing of Non-Performing Engagements. Liquidation of PropCos. Non-Performing Loans. Enforcement of Loan Claims. Liquidation of Collateral. Enforcement Measures. “Cold Receivership“ and Utilization Agreements. Pre-Insolvency Restructuring Proceedings (StaRUG). Insolvency Plan Proceedings and Debtor-in-Possession Management.

Our Services

Our strength in efficient management and implementation of distressed M&A transactions is well known in the market. Our experienced lawyers have a 100% understanding of the rules of the game in such special proceedings and act fairly and pragmatically.

On the market, act legal Germany is known for its restructuring experience of more than 25 years, having been actively involved in a multitude of cost cutting programs, staff relocations and personnel adjustments.

Acting with a reasonable sense of proportion, we ensure universal acceptance of essential restructuring measures along with sustainable recovery for the companies we are entrusted with. We implement available restructuring reports with precision.

We step into the role of CRO and CIO when personal integrity and implementation skills are particularly sought after. Our professionals are not one-man-shows, but primary points of contact from among more than 40 first-class experts.

Many successful protective-shield and debtor-in-possession proceedings nationwide bear our professional signature. In both preparation and implementation. Where necessary, we provide backing for shareholders and operative management.

In insolvency monitoring, we are a strong sparring partner, providing the best possible support for chosen restructuring solutions. We perform our legal monitoring duties in our usual professional manner.

We support and manage pre-insolvency restructuring options under the Stabilization and Restructuring Act (StaRUG). We are able to provide more than 20 years of top-level restructuring expertise and proficiency in formal procedure from a single source. We can act either in an advisory capacity or as a court-appointed restructuring officer.

In the formal shareholder role, we secure the financing through our specialised act legal TreuInvest structure. Our first-class reputation is also decisive in the stabilization of management, the further commitment of stakeholders and in ensuring employee input.

We know all sides of insolvency proceedings. Accordingly, we are the ideal partner for trade credit insurers to effectively and efficiently take up, negotiate and enforce rights of separation and, if desired, also rights of segregation as administrator of a supplier pool. With our professional digital supplier pool tool, we keep all members of the supplier pool informed to the second about the current status of the proceedings and offer further additional services on the topic of 'customer insolvency'.

We enforce creditors' claims against insolvent companies in a targeted and efficient manner. Whether as a supplier pool administrator or for individual creditors of insolvent companies: we always find solutions to enable the best possible satisfaction of claims.

Our Clients

Selected references

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