In economically challenging times, companies face various difficulties and sometimes have to make fundamental changes. The FPS experts working in the area of restructuring and insolvency law help companies to identify crises at an early stage and successfully adopt a new course. In doing so, they analyse the current situation and identify the need for action. Their many years of experience enable them to carefully examine their clients’ options and obligations and serve their interests and meet their demands in the best possible manner.
The FPS team’s focus in the area of restructuring and insolvency law is broad and includes, among other things, providing legal support during out-of-court reorganisation measures, examining obligations when filing for insolvency and advising on insolvency proceedings (company voluntary arrangements / insolvency protection proceedings). The lawyers at FPS also conduct insolvency plan proceedings and help with the takeover of companies or parts thereof from the insolvency estate. They draw up restructuring and reorganisation concepts and provide support with important restructuring measures. FPS aims to successfully guide companies and their executive bodies through difficult times and stabilise them on their new course.
Specialisation
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Restructuring advice
FPS is on hand to support companies during dynamic times and necessary change with its expertise on all legal, tax and business matters. We help with restructuring plans – and corporate restructuring plans in particular – and with the structuring of (re)financing measures. This may also include support in drawing up and implementing reorganisation concepts.
Matters concerning the management’s duty to provide information and take action are among our key areas of expertise. We advise credit institutions, debt funds and financiers in the event of non-performing loans and NPL transactions, while safeguarding the interests of suppliers, customers and shareholders. Other areas covered by our restructuring advice include transformation measures, carveout concepts, liquidation plans, trustee concepts and insolvency filing obligations.
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Insolvency law advice
If a restructuring plan fails, our experts are on hand to support not only business owners and management teams, but also stakeholders, including in relation to insolvency law issues and challenges. In the event of a crisis involving a business partner, this starts with advising companies on maintaining and continuing business relationships and extends to safeguarding and asserting security rights and claims, both before any insolvency proceedings have begun and after. FPS also advises on matters concerning supplier and banking pools. Other areas covered by our insolvency law advice include issues relating to IP/IT law, tax law and tenancy and real estate law.
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Company voluntary arrangements and insolvency protection proceedings
Our experts actively support companies in judicial reorganisation proceedings. Insolvency protection proceedings and company voluntary arrangements for reorganisation proceedings can significantly contribute to the success of reorganisation measures. With our many years of experience in dealing with insolvency proceedings and our broad set-up in all relevant areas, we are a strong partner in difficult times. In their roles as chief restructuring officers and authorised representatives, our lawyers make a responsible and significant contribution to a company’s reorganisation.
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Distressed M&A
Mergers and acquisitions are part of any commercial law firm’s standard repertoire. In exceptional situations, however, such as an economic crisis where there is considerable time pressure and many interests, special knowledge and experience are required. By adopting an economic and strategic perspective, we advise sellers and buyers in the context of corporate transactions in a crisis environment – in pre-insolvency share or asset deals, in reorganisation measures by transfer in the context of insolvency proceedings, or by way of an insolvency plan.
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Insolvency-related litigation
Our lawyers assist companies and management teams as well as creditors and insolvency administrators in all proceedings relating to insolvency law. This particularly applies to representation in avoidance proceedings, but also in all matters concerning the liability of different parties involved in insolvency proceedings.
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Crisis and insolvency advice for healthcare companies
As pioneers in the development of solutions specifically for the healthcare sector and nursing homes to safeguard the operation of healthcare businesses on long-term leases (takeover arrangements / restructuring of leases, call options, etc.), we have considerable experience in advising clients and drafting contracts in the event of hospital and operator insolvencies involving healthcare companies and assist with the entire transfer and restructuring process.
