Insolvency as a Second Chance
In crisis situations, the efforts of management, shareholders and employees are not always sufficient to get a company back on the road to success. Recurring delasy on payments might cause supplier to lose their patience. In the event of looming inability to pay at the latest, insolvency is imminent. What was formerly equated with the closure of companies is an opportunity for a new start today - provided that the company's management considers insolvency as plan “B“ at an early stage.
Debtor-in possession management proceedings, protection proceedings, as well as the planning and monitoring of proceedings by experienced administrators or insolvency administrators, offer additional prospects for creditors and companies. They guide companies competently through crises and ensure the transparent and correct implementation of the insolvency proceedings to the courts. By doing so, they enable the preservation of companies beyond the crisis.
Our Competencies at a Glance
Your Main Contact
Prof. Alessandro P. Scarso
Avvocato, Dottore Commercialista, Revisore Contabile
Your Main Contact
Rechtsanwalt, Fachanwalt für Insolvenzrecht, vereidigter Buchprüfer
Your Main Contact
Your Main Contact
Abogado, Economista y Titulado Mercantil
- Gebr. Märklin & Cie. GmbH, Göppingen
- nicko Cruises GmbH, Stuttgart
- Wissmach Modefilialen GmbH, Göppingen
- BGP Immo-West S.à.r.l. & Co. KG, Grünwald
- KPS AG, Hirschberg
- Gellertstadt Bäckerei GmbH, Hainichen
- HASTRABAU-WEGENER GmbH & Co. KG, Langenhagen
- AdMould Werkzeugbau GmbH, Thannhausen
- Autohaus Sölter GmbH & Co. KG, Neustadt
Is your customer insolvent and do you want to achieve an optimal outcome for your claims? Or are you regularly working as a creditor with insolvent debtors and are looking for an insolvency administrator experienced in restructuring? Or are you dealing with insolvency as a judge or judicial officer in a professional capacity and you want to be in direct contact with an insolvency administrator? In the event of such a case, insolvency always means the need to act quickly, to receive the important information directly and to reach the right contact person.
As a creditor, in addition to our service spectrum you will find on our website:
- for German procedures: data sheets, forms, notes/film for filing claims and links to the procedures
(creditors information system only in German language)
- for all proceedings: all important telephone numbers of our offices and contacts in Germany and abroad
As an employee of a court, you will find an overview of our competencies as well as:
- for German proceedings: links to proceedings (court information system only in German language)
- for all proceedings: all important telephone numbers of our offices and contacts in Germany and abroad
Are you looking for insolvency properties instead? Then you will find selected premises and properties from German proceedings under insolvency sales (only in German language).
- through regional insolvency administrators with legal and business management expertise
- through international connected teams with multiple qualifications
- through the use of proven and certified proceedings
- through experience from hundreds of successfully completed proceedings
The management of insolvent companies is PLUTA's core competence. For more than 30 years, we have complied with relevant laws and jurisdictions.
An intensive confrontation with the ever-changing economic and legal frameworks of the various sectors is obligatory for us to achieve the best possible result for all parties involved in the proceedings.
- Handelsblatt Best Lawyers 2016 (Germany)
- Focus TOP law firms 2016 (Germany)
Legal services in protective proceedings and debtor-in-possession proceedings
In 2012 the protection proceedings regulation (§ 270b InsO) was introduced in Germany with the law to further facilitate the restructuring of companies (ESUG). Protection proceedings are a special form of debtor-in-possession management. Protection proceedings offer companies the opportunity to prevent regular insolvency proceedings if the application is filed early and if the reasons are well founded. A company is then given the opportunity to protect itself against enforcement measures. The liquidity of the company and the chances of successful restructuring are important factors for the arrangement of protection proceedings.
The management may then lead the company itself out of the crisis under the supervision of a solicitor and usually with the support of experienced restructuring experts. Courts can reject proposals for solicitors only if there is a lack of suitability, lack of experience or a dependency. The solicitor supervises, among other things, the management of the business, receives files for claims and establishes an insolvency schedule. The debtor also requires the approval of the solicitor in exceptional transactions, which, for example, exceed considerably the previous business. Therefore, PLUTA's solicitors are always experienced insolvency administrators, who supervise the proceedings or the debtor and ensure legal compliance with the court.
The responsible court appoints an insolvency administrator upon the opening of insolvency proceedings. To safeguard the insolvency assets and to examine the restructuring potential of the company, the courts in Germany, for example, first appoint a preliminary insolvency administrator for the preliminary insolvency administration. If sufficient assets are identified, the insolvency court opens insolvency proceedings usually about three months after submission of the application.
In order to achieve the objectives of a proceedings, the insolvency administrator takes over the management of the business and thus makes decisions about the future of the insolvent company, e.g. the utilisation of the debtor's assets and the distribution of revenue to the creditors. The debt relief or the creation of an insolvency plan to preserve the company and to continue the business, however, opens up a second chance for companies. Usually, we achieve the best outcome for the creditors.
The attitude and experience of the insolvency administrator and his team have an influence on the restructuring opportunities in the event of corporate insolvencies and the creditors' prospects by obtaining as high a rate as possible for their claims. Economic expertise, commercial intuition and the trust of the courts in their work create the best possible conditions for leading a company through and out of insolvency.
In terms of the creditors, we always strive for the best outcome. In many insolvency proceedings, PLUTA administrators achieve above-average insolvency rates. Our lawyers are among the most frequently appointed insolvency administrators for companies in Germany. PLUTA experts also oversee prominent and complex business procedures with and without cross-border implications in Italy, Spain and Poland.
Continuation of businesses/operations
Continuing a business during insolvency proceedings requires keeping corporate and legal details in mind. Therefore, the decisive factor is the commercial character of the insolvency administration and the relevant experience in the supervision of corporate insolvencies. All restructuring measures are aimed at facilitating the continuation of the operation. Factors for success include, in addition to a comprehensive analysis of the continuation prospects, the integration of the existing staff, the continuous communication with all relevant target groups, as well as the consistent implementation of necessary restructuring measures culminating in the sale of company assets.
In the process of continuation, the focus also lies on value retention and the satisfaction of the interests of the creditors. At the same time, however, the company and its employees are also given future prospects. This is useful, e.g. if there is a loyal customer base or a competitive product. It is important to rectify the causes of the crisis and to restructure a company so that it can get back on track permanently. The company should become competitive again and generate yields on the market typical for its sector. The faster this is possible through strict management of the insolvency proceedings, the better. A long-term approach can also ultimately be the decisive factor for success. Preserving a company instead of winding it up is therefore what the PLUTA insolvency administrators aspire to do in their work.
Assertion of appeals and liability claims
The review of cash flows for lawful use is the core task of the insolvency administrator. According to the rules of the insolvency order, he has to challenge certain legal acts, such as unauthorised payments during the crisis and thereby reverse them. Subsequently, these payments must be returned. This helps to increase the insolvency assets in favour of all the creditors of an insolvent company. Details of the right to appeal are a complex legal issue. Experience, expertise and profound knowledge of jurisprudence are prerequisites for launching appeals.
Equally complex is the assertion and enforcement of liability claims, for example, against directors or board members of insolvent companies. PLUTA insolvency administrators also have many years of experience in this. Delaying insolvency proceedings, negligent behaviour or violation of capital preservation regulations are just a few keywords that are subject to intense examination in the course of insolvency. We analyse the respective business transactions in detail for their compatibility with the internal requirements of the company and the statutory provisions and enforce these together with the experts of our business area of legal advice.
Creation of insolvency plans
The insolvency plan is an important instrument in the reorganisation of the enterprise already in the process of insolvency or the company behind it. Within the framework of the insolvency plan, a settlement is made with the creditors and the rate is determined. The prerequisite is a sound situational analysis and the formulation of appropriate restructuring measures. The insolvency plan also requires a description of the measures which have already been implemented or are still to be carried out during the insolvency proceedings, in order to meet the formulated targets. In particular, an explanation is required if the business is to be used instead of the restructuring of the old legal entity by liquidation, by means of a transferring, restructuring or otherwise.
The insolvency plan also describes how the planned measures affect, on the one hand, the rights of the shareholders and, on the other, the satisfaction of the creditors. The administrator must also specify and explain the changes in the individual parties' legal position when implementing the measures. The insolvency plan can finally authorise the insolvency administrator to implement the measures described.
For the preparation of sound insolvency plans, our appointed insolvency administrators approach our experts from the fields of taxation, labour law and company law. The plans are also examined by our business economists from the reorganisation and restructuring division for feasibility and are discussed with the parties involved. This is how PLUTA creates insolvency plans that satisfy diverse interests and are successful in practice. Our experience enables us to negotiate with the creditors in a factual and goal-oriented manner in order to obtain their approval. In doing so, a high level of experience and intuition and sensitivity is regularly required.
Management of regional, national and cross-border proceedings
Small, medium-sized and large companies can face financial difficulties. Depending on the size of the company and geographic location, insolvency proceedings are often quite different. For example, there are regional proceedings for small or medium-sized enterprises, which are rooted in the region. In such cases, it is important that the insolvency administration recognizes and takes into account specific regional characteristics. This also applies to most consumer proceedings.
However, the modern working world is increasingly characterised by national and international interdependence and global competition. As a result, there are more and more proceedings that have a national or even cross-border connection. In the case of national proceedings, it is advantageous if the insolvency administration is represented at several locations. The insolvency administrator can deploy his teams on-site, thus speeding up handling of the proceedings.
In the case of international insolvencies, considerable challenges often arise, which usually necessitate a lot of experience and a well-established network on the part of the insolvency administrator - especially if corporate legal structures appear. For cross-border proceedings within the EU, the European Insolvency Regulation (EuInsVO) has been applied since 2002. In these proceedings, the debtor's assets are spread over several EU member states. In 2017 the new version of the EuInsVO became applicable. The new regulation, for example in the area of corporate insolvency, attempts to reduce the content-related shortcomings of the original version.
PLUTA handles proceedings efficiently. This applies not only for regional, but also for national and international large-scale proceedings, because we are represented nationwide in Germany and also operate branches in Italy, Poland and Spain. We provide our business partners with continuous support for their activities and proceedings with our international desks in these countries as well as across borders.
PLUTA has experienced insolvency administrators working for them in central and southern Europe with many years of experience of handling corporate insolvencies. Our administrators and their teams, with their knowledge and skills, make a decisive contribution to balancing claims from creditors, compensating consumers and enabling the economic survival of companies.
Our insolvency administrators are anchored in the regions and contribute multiple qualifications, business-fluent foreign language skills and international contacts to the settlement of their proceedings. Continuing education is the prerequisite for us to fulfil the aspiration of the optimal combination of theory and practice. At PLUTA, talented new recruits will be carefully prepared for their work as administrators and will be coached by experienced administrators.
In this way, for each proceedings we guarantee the implementation of our high standard of service and quality - regardless of whether we are dealing with telephone availability via our service numbers, handling of proceedings according to the specifications of the individual courts, or providing procedural information about German proceedings for creditors and courts via the internet (creditor and court information systems) or the certification of our processing routines and documentation of proceedings. We regularly review this in order to guarantee our business partners impeccable quality.
We Lead Companies Through the Crisis
Value retention by continuation of operations, increasing insolvency assets by complete analysis and assertion of insolvency claims: this is our premise. We pursue a clear objective in each proceeding to achieve the best for all parties involved.
Insolvency Administrators Germany
Insolvency Administrators Poland
Insolvency Administrators Spain
Team Insolvency Administration Germany
Team Insolvency Administration Poland
Team Insolvency Administration Spain
Filing for insolvency proceedings
- Invitation to lodge a claim/Opfordring til anmeldelse af fordringer
- Invitation to lodge a claim
- Invitation to lodge a claim/Invitation à produire une créance
- Invitation to lodge a claim/Πρόσκληση για αναγγελία απαιτήσεως
- Invitation to lodge a claim/Invito all’insinuazione di un credito
- Invitation to lodge a claim/Oproep tot indiening van schuldvorderingen
- Invitation to lodge a claim/Wezwanie do zgloszenia wierzytelnosci
- Invitation to lodge a claim/Aviso de reclamação de créditos
- Invitation to lodge a claim/Anmodan att anmäla fordran
- Invitation to lodge a claim/Convocatoria para la presentación de créditos
- Invitation to lodge a claim/Aufforderung zur Anmeldung einer Forderung