Cross Border Insolvency

Insolvency Restructuring understands consulting of insolvent clients as a necessarily extensive and legally overlapping service. Because of the complex legal issues it is essential to control the situation of creditors and debtors at every time during the crisis in order to guarantee full service to the client. The objective is to defuse the existing pressure situation immediately. That is how economically and legally substantiated decisions can be developed to help the client, debtor or creditor to successful behavior. Sustainable and predictive decisions form the basis to prevent cost-intensive civil and criminal proceedings in the restructuring stage already.

International insolvency law – Cross border insolvency

Cross border insolvency proceedings have taken a decisive role due to the international economy growing together. The processing of international insolvency proceedings of a company which is acting in several countries makes the highest demands on consulting. Both the innovations in European legislation and the changes in German legislation lead to previously unknown possibilities to conduct and solve the international proceeding; at the same time there are risks that have to be detected and prevented. The special link of international insolvency and corporate law and the accompanying liability risks but also the possibility to eliminate these have been processed scientifically by Dr. Thomas Nitsche in his dissertation in 2004. In practice is point of contact and consulting liquitador for the entrepreneur.

Restructuring and crisis management

An essential factor for saving and continuing the company is recognizing the crisis and acting correctly. In cooperation with the client, analyses are carried out and concepts and risk monitoring systems are developed in order to prevent contact with situations that threaten the company’s existence or to prevent delayed filing of insolvency. The objective of the “turnaround” consulting is the continuation and recovery of the company. There are numerous tools available which have proven to be successful and trend-setting in practice. The restructuring of the company covers debtors, creditors and other persons involved in complex restructurings, liquidations, settlements or the insolvency proceeding itself. Consulting of the management and executive boards on the topic of restructuring models also takes place in the focus of fulfillment of the duties under corporate law. The inclusion of international issues and their national impacts are especially considered in the consulting services.

Corporate restructuring – Optimization of liability and insolvency insurance

Insolvency insurance is the application and implementation of legal instruments for the optimization of the company’s capacity to act in the crisis. Beside real crisis management nitscheLegal also advises “healthy” companies. The aim is to find a new legal structure adapted to the new international legislation that will ensure the company a minimization of liability and a maximization of disposition in the case of a crisis. The emphasis lies on strategic considerations that are elaborated in cooperation with the client and find their legal implementation in corporate law.

Realization of claims and discharge of residual debt

The successful enforcement of claims in insolvency is characterized by quick and alternative action scenarios. Small details are already decisive for the insurance of access to remaining assets. The task is to recognize and implement these details within a short time. The realization of claims affects both the company and the private person. For private persons offers concepts for discharge of residual debt on an international level.

International judicial execution

Cross border judicial execution and realization of claims are combined with difficulties. In Europe agreements and treaties facilitate the execution and promise a quick realization of the claim. Dealing with European law in execution is decisive for efficient processing. Furthermore, it is essential to be able to get back to local lawyers. The efficient realization of international claims executions is successfully practiced by nitscheLegal because of the existing cooperation.

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