Advice on restructuring of companies

Our attorneys in the area of restructuring have helped many companies in the past to avoid insolvency and again become successful in the market.

This includes the preparation of restructuring concepts and the necessary implementation especially of the measures in the areas of corporate law and financing to overcome a crisis is part of the routine work in the practice group Restructuring at GvW Graf von Westphalen.  Experienced partners advise on compliance with requirement in insolvency law and criminal law during this difficult phase.

If insolvency cannot be avoided or if it is even more favorable for the company and its shareholders, we prepare restructuring solutions in insolvency proceedings if the prerequisites exist.  Insolvency proceedings today no longer necessarily mean the unwinding of a business and instead there are various solutions for recovery.  Our restructuring attorneys have handled many debtor-in-possession situations, protective umbrella proceedings and insolvency plan proceedings.  The restructuring department at GvW Graf von Westphalen, as one of the few large law firms active in the field, can rely on the support of a 35 person team in the own insolvency administration department.

Our main services:

  • Preparation of restructuring concepts
  • Services in financial restructuring: (re-)financing negotiations, advice in the case of breach of covenants, stand-still and settlement agreements, bridge financing, recovery loans, security and differentiation of security, pool agreements, etc.
  • Corporate restructuring in a crisis (spin-offs, simplified reductions of capital, debt/equity swaps, etc.)
  • Advice and services in the case of debtor-in-administration and umbrella proceedings as well as preparation of insolvency plans
  • Advice on the duty to file for insolvency and on avoiding risks under criminal law
  • Structuring, negotiating and accepting (bilateral) trusteeships (holding security or shares in trust)
  • Advice on capital market law (restructuring of bonds, special aspects under capital markets law in a crisis, communication in the capital markets)
  • Tax optimization
  • Restructuring under labor law (including socially compatible reduction of personnel, outsourcing, transfer companies)