The topic of reorganisation becomes relevant for a company when it determines that it is in a crisis or is threatened by a crisis that endangers its existence. There are different ways to initiate a reorganisation. On the one hand, the relevant measures may target the organisational and structural elements of the company, e.g. the optimisation of internal processes and procedures. On the other hand, financial reorganisation may be appropriate. In the latter case, the company endeavours to secure assets and to create room for manoeuvre with the help of a share deal or asset deal. These measures are usually intended to prevent or eliminate over-indebtedness or insolvency.
Insolvency proceedings also present an opportunity for reorganising the company. Here the tools of insolvency administration and the legally stipulated options can be utilised. If the appropriate conditions are met, the company can choose the instrument of self-administration and, with the support of a reorganisation consultant and under the supervision of an insolvency monitor, it can initiate a reorganisation of the company. Here the aim is usually to achieve reorganisation by means of an insolvency plan. The reorganisation of a company in self-administration can also take place with the help of insolvency protection proceedings under section 270b of the Insolvency Statute (InsO).
The insolvency monitor ensures that insolvency law rules are observed during the self-administration of the company. If appropriate, an insolvency plan is also drawn up in consultation with the insolvency monitor. The insolvency monitors of LEONHARDT RATTUNDE are regularly proposed and appointed in numerous insolvency proceedings in various sectors. The Suhrkamp-Verlag insolvency proceedings are a shining example of successful reorganisation in self-administration under the insolvency monitor Prof. Rattunde. Likewise, KTG Energie AG was also able to successfully execute the self-administration process under the supervision of Prof. Martini acting as insolvency monitor.
We also endeavour to guide the reorganisation of companies as (provisional) insolvency administrators. In addition to the possibility of an insolvency plan, a transferring reorganisation also offers an alternative means for preserving the company and for saving jobs. In the case of planned transferring reorganisation, we talk to potential interested parties and investors, together with the company, and try to achieve the best possible solution for all parties involved in the proceedings.
A transferring reorganisation in the form of an asset deal is another reorganisation option within the scope of self-administration.
Regardless of whether the individual case involves self-administration, property administration or (provisional) insolvency administration: Our aim is always to maintain and reorganise the company.
Our expert consultants at LEONHARDT RATTUNDE advise companies that require legal and economic support and guidance within the framework of planned self-administration in order to successfully implement necessary reorganisation.
As consultants, we provide active support in taking the necessary steps, we develop measures for reorganisation, and we implement these together with the company. As part of this reorganisation consulting for companies in self-administration, we provide support from the initial crisis analysis, through the application process to the conclusion of the proceedings. We work together with the affected company to develop an insolvency plan. We coordinate with other parties involved in the proceedings and also present the insolvency plan at the creditors’ meeting.
We generally act as representatives of the company in self-administration and clarify problems and inquiries regarding the intended reorganisation. However, we can also act as chief restructuring officers (CROs) or general representatives if the specific situation so requires. Protection for creditors is also ensured with our support in the self-administration process − a central component for its success.
Talk to us. We are active across Germany.
As consultants, we offer companies legal and economic support for targeted reorganisation − outside of or within court proceedings, in self-administration with or without insolvency protection measures under section 270b of the Insolvency Statute.