Germany: Insolvency/Bankruptcy/Re-Structuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Recognition Of Liabilities In Insolvency Proceedings: Legal Certainty Regarding Claims Not Filed With The Insolvency Schedule
The German Federal Fiscal Court has ruled on a critical question in insolvency taxation: when a creditor withdraws claims from insolvency proceedings, must the debtor derecognize the corresponding liability and recognize taxable income? This judgment clarifies the threshold required for liability derecognition and establishes important principles for restructuring scenarios.
Germany Insolvency
AO
A&O Shearman
Article
"Cram Down" – Cross-Class Plan Approval In Insolvency Proceedings
Pre-insolvency restructurings can fail when individual creditors block viable solutions to negotiate better outcomes. The insolvency plan's cram-down mechanism enables court confirmation despite dissenting votes, provided dissenting groups receive legal protection and aren't unduly disadvantaged. Understanding cram-down logic helps stakeholders assess restructuring options and risks before insolvency occurs.
Germany Insolvency
MB
Mayer Brown
Article
The Qualified Subordination Declaration – Opportunities And Risks
Shareholder loans serve as vital financing tools for German Mittelstand companies, but they can trigger insolvency obligations when financial difficulties arise. A qualified subordination (qualifizierter Rangrücktritt) offers a solution by converting these loans into liable capital, yet the Federal Court of Justice has established strict substantive requirements that must be met to achieve the desired legal and tax effects.
Germany Insolvency
MB
Mayer Brown
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Restructuring & Insolvency

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Article
"Cram Down" – Cross-Class Plan Approval In Insolvency Proceedings
Pre-insolvency restructurings can fail when individual creditors block viable solutions to negotiate better outcomes. The insolvency plan's cram-down mechanism enables court confirmation despite dissenting votes, provided dissenting groups receive legal protection and aren't unduly disadvantaged. Understanding cram-down logic helps stakeholders assess restructuring options and risks before insolvency occurs.
Germany Insolvency
MB
Mayer Brown
Article
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Private equity execution has evolved beyond traditional buyout models, requiring sophisticated deal structures, flexible financing arrangements, and comprehensive due diligence across ESG, cybersecurity, and geopolitical risks. Success now depends on navigating complexity through adaptive strategies, cross-border expertise, and the ability to maintain momentum when conventional approaches no longer suffice.
Germany Finance
SR
McDermott Will & Schulte
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Insolvency/Bankruptcy

Article
Recognition Of Liabilities In Insolvency Proceedings: Legal Certainty Regarding Claims Not Filed With The Insolvency Schedule
The German Federal Fiscal Court has ruled on a critical question in insolvency taxation: when a creditor withdraws claims from insolvency proceedings, must the debtor derecognize the corresponding liability and recognize taxable income? This judgment clarifies the threshold required for liability derecognition and establishes important principles for restructuring scenarios.
Germany Insolvency
AO
A&O Shearman
Article
"Cram Down" – Cross-Class Plan Approval In Insolvency Proceedings
Pre-insolvency restructurings can fail when individual creditors block viable solutions to negotiate better outcomes. The insolvency plan's cram-down mechanism enables court confirmation despite dissenting votes, provided dissenting groups receive legal protection and aren't unduly disadvantaged. Understanding cram-down logic helps stakeholders assess restructuring options and risks before insolvency occurs.
Germany Insolvency
MB
Mayer Brown
See more

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