PLUTA press contact
Patrick Sutter
relatio PR
+49 89 210 257-22
Download as PDFInsolvency administrator Mr Sebastian Laboga from PLUTA Rechtsanwalts GmbH has succeeded in selling and transferring the business operations of AMIA Energy GmbH, effective 1 July 2024. Last Friday, the contracts were signed with the investor that will keep the business operating, under the company name AMIA Energy Solutions GmbH.
AMIA Energy GmbH had itself only taken over the business from the insolvent Eigensonne GmbH in April. It had to file for insolvency in May 2024 due to the failure of a financing partner to meet its obligations on time. Following this, on 8 May 2024, the Local Court of Charlottenburg ordered provisional insolvency administration for the company’s assets and appointed PLUTA attorney Mr Sebastian Laboga as provisional administrator.
Good stakeholder cooperation
Initially during the provisional proceedings, the focus lay on motivating the company’s almost 250 employees to once again support the continued operation of the business during the new crisis at hand. They had been taken on from the insolvent Eigensonne GmbH and had not expected a new filing for insolvency. Swift organisation of pre-financing of the substitute benefits provided under German insolvency law played an important role in this by ensuring employees would continue to be paid.
Only seven weeks into the process of opening insolvency proceedings, the PLUTA team was already able to find a long-term solution. It faced particular challenges given that some contracts had not yet been transferred from Eigensonne GmbH to AMIA Energy GmbH at the time of filing for insolvency. The successful restructuring was only made possible by the close collaboration between Mr Sebastian Laboga and the Eigensonne GmbH insolvency administrator, Dr Florian Linkert. This allowed several legal pitfalls to be overcome in a very short space of time.
Insolvency administrator Mr Sebastian Laboga said, “We have achieved a good solution in the proceedings thanks to the excellent cooperation of all parties to these. This is not always a given. I would like to take this opportunity to thank the company’s managing director Mr Hans-Martin Rüter and employees as well as Dr Florian Linkert, the insolvency administrator for Eigensonne GmbH.” The insolvency proceedings for AMIA Energy GmbH were opened on 1 July 2024. Mr Sebastian Laboga is being supported in the proceedings by attorneys Mr Michael Bohnhoff and Mr Tillman de Vries.
PLUTA expert
Sebastian Laboga
Rechtsanwalt, Fachanwalt für Insolvenz- und Sanierungsrecht, Steuerberater
Michael Bohnhoff
Rechtsanwalt
Tillman de Vries
Rechtsanwalt, LL.M. (London)