Crises and insolvencies – active and timely advice

Restructuring and insolvency law advice

Crises and insolvencies are part of business life. They are not confined to either small and medium-sized enterprises, or to large groups of companies. With active and timely advice, they can, however, be avoided or even be used deliberately as a chance for a new start-up. For that it is important to have an advisor who is experienced in insolvency matters to support you.

PKF Fasselt advises creditors, entrepreneurs, shareholders/partners or investors in advance of or during insolvency proceedings.

Our services for creditors:

• Comprehensive, competent and above all fast advice upon the occurrence of the insolvency of a party to the contract
• Advice on defence against unjustified claims
• Exercising of your rights in the insolvency proceedings

 

Our services for debtors:

• Examination of your insolvency duties and analysis of the liability and criminal liability risks
• Provision of help in the case of liability-conscious asset structuring in times of crisis (asset protection)
• Development of strategies for the avoidance of an insolvency application for example by postponement of priority or letters of comfort
• Assistance and support for the filing of an insolvency application as well as in insolvency proceedings
• Providing help with insolvency-specific reorganisation solutions through restructuring by transfer
• Development of an insolvency plan and subsequent support for debtor in possession

 

You can find further information on the subject of insolvency on our website PKF Fasselt Insolvency Administration.

Handling taxes in insolvency

There is no separate "Restructuring tax law". The tax effects of restructuring measures can lead to a considerable liquidity drain. To avoid a drain on liquidity, the controversial restructuring tax abatement can provide help.

Effective management of risks on receivables

In case the point should nevertheless once be reached where the debtor does not pay the invoice due, lots of questions arise: what legal possibilities do creditors have after an unsuccessful reminder? What happens to receivables if the debtor, in the worst case, even becomes insolvent?

Experience shows that many entrepreneurs do not have an effective management of the risks on receivables – there is a danger of being caught off guard by bad debt losses. With the correct direction settings, observance of the amendment of debt recovery law and relevant knowledge of insolvency proceedings, effective enforcement of claims will succeed.