News
Bakery oven manufacturer WACHTEL seeks restructuring in self-administration
Continuation of business operations and investor process planned Düsseldorf District Court grants application under Section 270a of the German Insolvency Code Special situation due to skyrocketing material prices and a decline in orders from the energy-intensive bakery sector Dr. Christian Gerloff from Munich-based law firm Gerloff Liebler joins management as Chief Restructuring Officer (CRO) Hilden, December 6, 2022 - WACHTEL GmbH, an internationally active premium manufacturer of ovens and refrigeration systems for bakeries, is seeking restructuring and realignment in self-administration [...]
Gerloff Liebler supports automotive supplier Rüster in financial realignment as part of self-administration proceedings
Christian Stoffler as CRO and Dr. Christian Schmitt as General Representative contribute their expertise in the automotive sector Martin Mucha (Grub Brugger) appointed as provisional administrator Timely investor process planned to overcome liquidity crisis of Rüster and create sustainable stable financial basis Deggingen/Munich, 24. November 2022 - The law firm Gerloff Liebler Rechtsanwälte , Munich, which specializes in insolvencies and restructurings, is playing a key role in steering the planned financial restructuring of Rüster GmbH as part of insolvency proceedings in [...]
Commentary on the Remuneration Ordinance under Insolvency Law (Section 4 InsVV)
Author: Christian Stoffler Published: Kübler/Prütting/Bork, InsO, Commentary on the Insolvency Code Link: www.beck-online.beck.de/Dokument.. Abstract: Business Expenses. Liability insurance General business costs and expenses The employment of auxiliary staff in general and the contribution of own special competence in the sense of § 5
Limitation of claims of the insolvency estate in insolvency proceedings in case of notified (threatened) insufficiency of the insolvency estate
Author: Christian Stoffler Published: Kommunal-Kassen-Zeitschrift, 72nd volume, September 2022, No. 9 Link: Kommunal-Kassen-Zeitschrift - Verlag Reckinger Abstract: If an (imminent) insufficiency of assets within the meaning of Section 208 InsO occurs in insolvency proceedings, the creditors of claims against the assets of the insolvency estate, in particular, must observe various formal and material peculiarities in order to pursue their claims in the best possible way and not lose them completely. This article is intended to raise awareness of the issues to which particular attention must be paid when the public [...]
The stationary retailer in insolvency - practical issues around the leased property
Author: Dr Christian Schmitt Published: ZIP - Zeitschrift für Wirtschaftsrecht Link: Tables of contents (zip-online.de) (Access for registered users only) Abstract: In the insolvency of a bricks-and-mortar retailer, the focus of the continuation of operations is on the leased branches. At the interface between insolvency law and tenancy law, the insolvency practitioner has to consider a multitude of legal pitfalls.
Duty of managing directors and advisors to identify crises at an early stage according to StaRUG
EXISTENZ MAGAZIN 2022 Dr. Christian Schmitt: Since January 2021, it has been possible to restructure a company's finances outside of court proceedings, inspired by the British scheme of arrangement: the so-called restructuring procedure under StaRUG. With this instrument, which is aimed at a financial reorganization of the balance sheet by means of a haircut of existing liabilities (with the exception of personnel and pension liabilities), companies have the opportunity to reach an agreement with their creditors already at a pre-insolvency crisis stage [...].