Restructuring & Recovery
Thanks to our use of established restructuring and recovery measures as well as economic creativity, we can help save your company. Just for you…
Facilitating the recovery of a failing company is a complex challenge, due to the fact that there can be many causes for a business crisis. Reasons can range from sudden changes in the market to company-internal problems. Comprehensive company restructuring can be and likely is inevitable in such cases.
In addition, capital is often necessary for successful recovery, however, as a rule, the affected businesses and companies do not have sufficient funds available, due to their lack of liquidity. In order to navigate a way out of such a predicament, experienced and knowledgeable attorneys are necessary.
We assist you in conducting out-of-court negotiations with your creditors. Instruments needed for these situations became available when the government created new laws concerning insolvency, namely: “The Stabilization and Restructuring Framework of Companies Act”, also know as “StaRUG”, and “The German Act on Further Restructuring and Insolvency Law”, known as “SanInsFoG”.
Establishing an effective recovery strategy
A strategic approach is the deciding factor for successful crisis management
As experienced attorneys for company recovery and restructuring, the first step we take is to create a detailed and targeted recovery and restructuring plan for your company. Besides government financial aid, we also utilize other tools the government has placed at our disposal (i.e. recovery settlement, protective shield proceedings, restructuring plan, reorganization under protection of the insolvency laws) in the best way possible for you and your company.
Furthermore, we investigate the cause or causes for the financial distress and then realign your company.
Our focus during the recovery process is on:
- M&A process
- Over-indebtedness review
- Recovery strategy
- Restructuring plan
- Stabilization directives (moratorium)
- Recovery settlement
- Protective shield proceedings
- Asset and liquidity planning
- Business planning
- Interim management
Company stabilization and restructuring
Paving a sustainable path out of the crisis
Whether inadequate internal structures or an abrupt change in the market led to the sudden decline in sales or not, a company´s financial crisis stems from real causes that company owners must face and react to.
The perspective of well-informed and experienced attorneys plays a key role here. They analyze your company carefully and critically, including the relevant market-conditions and then offer target-oriented suggestions regarding optimization. In doing so, internal operations are often modified, company procedures streamlined by implementing outsourcing, processes are redesigned for greater efficiency and company objectives as well as market alignment are questioned and even newly defined where appropriate. The creation of a marketing and finance plan is at the core of these measures. This is almost always a prerequisite for obtaining federal, state or EU funding. A settlement with your creditors is commonly reached. If a joint decision can not be achieved, “The Stabilization and Restructuring Framework of Companies Act”, aka StaRUG, provides many instruments that aid in attaining solutions.
Then, to begin with, a court supervised and confirmed recovery settlement can be attempted or a court confirmed restructuring plan can be developed that becomes effective with a majority of just 75% of the creditors. In order to reach this goal, there are further tools that we use, which can be fine-tuned to fit your company´s needs, such as a stabilization directive (moratorium).
Obtaining and utilizing funds for business recovery
The federal government alone offers more than 400 different funding opportunities for aiding in the recovery of failing businesses and companies. In addition, there is further funding available from states and the European Union.
In order for you to utilize these means, you must, however, prove, at least in principle, that you are allowed to do so. One prerequisite is often a well-thought-out recovery plan, which clearly demonstrates that you have crafted a sustainable concept for rescuing your company. We will help you to find potential and suitable funding as well as fulfilling the requirements to successfully apply for it.
Labor law issues in a company crisis
Depending on the cause of a particular company´s crisis, the restructuring of individual company segments or an entire corporation characterize a promising method to set the recovery of a company in motion. Especially in the case of restructuring, companies are rapidly confronted with labor law demands.
Whether it be employee dismissals, a reshuffling of the workforce, collective bargaining disputes, or negotiating a coordination of interests and a social-compensation plan, our attorneys, specialized in labor law, are available to address all of your needs concerning these issues.
Protective shield proceedings
The new protective shield proceedings provide companies on the brink of initiating insolvency proceedings with important tools.
These specific proceedings make it possible for failing companies to take initial steps toward a successful recovery without the typical constraints of insolvency procedures while, at the same time, business operations can continue, to a great extent, normally. Foreclosures are suspended during this time period resulting in valuable advantages for company owners.
The company can, for example, incur unlimited liabilities directed against the insolvency estate during the protective shield proceedings.
A requirement for opening protective shield proceedings is, for example, a situation where a company´s inability to pay debts when due is looming. As attorneys with years of experience in company recovery and insolvency law, we can assist you in successfully submitting an application for protective shield proceedings.
Insolvency proceedings – a way out of a financial crisis
It may not be possible to successfully turn your company around without the aid of the court. In such cases, opening insolvency proceedings is recommended. Insolvency law was consciously designed by the legislative authority to make the recovery of failing businesses and companies possible. You can read more about our comprehensive services regarding insolvency administration along with the possibilities of protective shield proceedings, a self-administrated insolvency proceeding, as well as an insolvency plan, here.
Do you need professional advice regarding company recovery and restructuring? Our experts are looking forward to your inquiry and consulting with you. All you have to do now is contact us!
The advantages of having us at your side
- ATN is practiced. Our experience helps your company, your employees and creditors to master the situation.
- ATN provides you with knowledge-based legal services in a crisis. The insolvency administrators at ATN and their team support those affected in all phases of the proceedings.
- ATN focuses on solutions. We carry out disputes if it is worthwhile for the holdings, yet we are pragmatic when it serves the cause.
- ATN communicates. We talk to those affected and explain the steps we take during insolvency – clearly and understandably.
- ATN preserves jobs. We keep a sharp eye on the social obligations of a company.
- ATN has specialties. Our special expertise lies in the areas: production and commerce, metalworking, the automotive sector, transport and logistics, the chemical industry, trade and healthcare.
- ATN is certified according to ISO 9001.
Your experts for recovery and restructuring
Our team of attorneys, who cover various areas of expertise, is put together carefully to take your company dynamically, capably and reliably through a crisis.
We would be glad to help you!
Please use our three phase contact form so that we can assist you in taking care of your issues as quickly as possible.