Being solution-oriented, diligent and quick - these are the attributes that are particularly important in crisis situations and these are what the Insolvency Team at Friedrich Graf von Westphalen & Partner stands for. Our insolvency and restructuring specialists have outstanding expert knowledge and in some cases decades of experience. We know the legal and organizational problems from the perspective of the receiver and from the perspective of the banks, suppliers and other creditors as well as from the perspective of the management and shareholders.

The legal issues we regularly deal with include matters in anticipation of insolvency, such as arranging collateral agreements in such a way that the collateral cannot be contested, advising managing directors and board members on how to avoid liability risks and how to avoid insolvency through legally binding corporate rescue measures. In insolvency proceedings we deal with averting actions for avoidance, enforcing any rights of third parties to have assets separated out of the insolvent estate (Aussonderungsrechte) and any rights of third parties to have assets separately allocated for the purposes of preferential satisfaction (Absonderungsrechte), drawing up schemes of arrangement, restructuring by transferring the company (fall-back solutions) and much more. In so doing we always aim to achieve practicable solutions swiftly.

 

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