PLUTA restructuring expert Dr Kaufmann secures future of BCM tree nursery in Lower Saxony

Dr Christian Kaufmann from PLUTA Rechtsanwalts GmbH has achieved a solution for BCM tree nursery from Westerstede, Lower Saxony, having kept the long-established tree nursery operating for a year. The present owner Mr Christoph Marken will acquire BCM’s assets within the framework of a restructuring via insolvency plan; the financing agreement needed for this has been recently concluded. The business located in the Ammerland region will thus continue operating under the same name and producing nursery plants on over 65 hectares of land.

Subject to approval of the insolvency plan, the administrator therefore expects it will be possible to terminate the proceedings towards the end of the year. “We have held numerous discussions over recent months. The negotiations have been very constructive and the agreement is the best possible outcome for the company. A total of 80 jobs will be saved through the solution agreed,” said PLUTA attorney Dr Kaufmann, summarising the situation.

50 years rooted in the Ammerland region

Founder and owner Mr Christoph Marken added, “Our family has been in the business of producing nursery plants for more than 50 years. I am therefore delighted that we have achieved a good solution for all involved together with the insolvency administrator and his team. I would like to express my gratitude for the constructive talks and trust. Furthermore, I wish to especially thank our employees and customers, who have stood by the company during this time.”

The tree nursery began its financial restructuring last September under its owner’s direction. BCM’s sales specialists and the team around management are now hard at work preparing the new 2024 season for customers and suppliers in Europe.

BCM Baumschule Christoph Marken GmbH & Co. KG filed for insolvency with the Local Court of Oldenburg in summer 2022. In the autumn, the court opened insolvency proceedings for the company’s assets and appointed attorney Dr Christian Kaufmann from PLUTA as administrator. He has since kept the business operational together with his PLUTA team, which also includes attorney Ms Christine Behrens and business lawyer Ms Nicole Neumerkel. Over recent months, the experts have reviewed the company’s financial situation, optimised internal processes, held discussions with suppliers, customers and business partners and examined possible follow-up solutions for the nursery, which offers an assortment of plants.

The owner and management team of BCM continue to be supported during the commercial and legal restructuring process by insolvency and restructuring consultant Dr Shenja Schillgalis. Through her insolvency law firm CURATOR AG, she focuses on developing solution models together with key stakeholders.