Der Bundesgerichtshof (BGH) hat mit Urteil vom 18. November 2020 (IV ZR 217/19) entschieden, dass Ansprüche gegen GmbH-Geschäftsführer auf Ersatz von Zahlungen, die nach Insolvenzreife vorgenommen wurden, vom...more
Looking back at the last few months, the COVID-19 pandemic has hit many companies hard and amplified disruptive trends in various sectors. In addition to other measures to address COVID-19 impact on businesses, Germany has...more
Through implementing the EU Restructuring Directive, German restructuring and insolvency law will be modernized, more effective, and enriched by new instruments.
On 17 December 2020, the German Bundestag passed the Act on...more
Government draft of law implements EU Restructuring Framework, and introduces new restructuring instruments.
On 14 October 2020, the German Federal Government published a government draft of the Act on the Further...more
Regierungsentwurf setzt EU Restrukturierungs-Richtlinie um und führt neues Sanierungsinstrumentarium ein.
Die Bundesregierung hat am 14. Oktober 2020 den Regierungsentwurf eines Gesetzes zur Fortentwicklung des Sanierungs-...more
The Federal Ministry of Justice and Consumer Protection (BMJV) is currently finalizing the law to mitigate the consequences of the COVID-19 pandemic in civil, insolvency, and criminal proceedings with extraordinary...more
The Federal Ministry of Justice and Consumer Protection (BMJV) now implements, with great commitment and unprecedented speed, what it has generally announced on 16 March 2020:
..The suspension of the obligation to file for...more
The Federal Ministry of Justice and Consumer Protection (BMJV) now implements, with great commitment and unprecedented speed, what it has generally announced on 16 March 2020:
..The suspension of the obligation to file for...more
Due to the already existing and upcoming multiple business challenges caused by COVID-19, there will be a strong demand for additional financing throughout the German and European economy. The German government announced on...more
The reform of claw-back rights in German insolvency proceedings which provides for more legal certainty for creditors has become effective on 5 April 2017.
Following their interpretation by German courts, the claw-back...more
To date, a debt waiver has been frequently used as a tool to successfully restructure German based companies in financial difficulties.
A decision of the German Federal Fiscal Court (Bundesfinanzhof) published on...more
In light of the UK’s cram down and director-friendly processes, in particular its scheme of arrangement model, major European economies such as France, Germany and Italy have worked hard to develop regimes that give greater...more
6/7/2016
/ Bankruptcy Reform ,
Commercial Bankruptcy ,
Cramdown ,
Creditors ,
Debt Restructuring ,
Debtors-in-Possession ,
Directors ,
EU ,
France ,
Germany ,
Insolvency ,
Italy ,
Spain ,
UK
Frank Grell is a partner at Latham & Watkins who chairs the firm’s German Restructuring and Insolvency Practice. In this interview, he reflects on several successful applications of the German Insolvency Act...more
Frank Grell is a partner at Latham & Watkins who chairs the firm’s German Restructuring and Insolvency Practice. Grell reflects on some of the major changes brought about by Germany’s 2012 Insolvency Act (Insolvenzordnung),...more