Mondaq All Regions - Germany: Insolvency/Bankruptcy/Re-structuring
Dentons
Quick Take: More clarity—or more confusion—on what the European Central Bank, acting in its Single Supervisory Mechanism capacity (the ECB-SSM), expects?
Hogan Lovells
Recently the German legislature passed a new law, exempting extraordinary profits created by the waiver of claims under restructurings from income tax liability.
Mayer Brown
Parties to an insolvency proceeding are regularly the insolvency debtor, the insolvency court, the insolvency administrator ...
Mayer Brown
Die Beteiligten eines Insolvenzverfahrens sind regelmäßig der Insolvenzschuldner, das Insolvenzgericht, der Insolvenzverwalter ...
SKW Schwarz
In a landmark decision, Düsseldorf Higher Regional Court clarified that general managers cannot rely on their D&O insurance cover in the event of claims for repayment by an insolvency administrator under Section 64 German Act on Limited Liability Companies (Case I-4 U 93/16).
Mayer Brown
Im deutschen Vertragsrecht gilt das Prinzip der Vertragstreue (pacta sunt servanda), welches die Verpflichtung zur Erfüllung von Verträgen zum Gegenstand hat.
Mayer Brown
Within German contract law, the principle of being bound by a contract (pacta sunt servanda), i.e. the obligation to fulfill agreements, applies.
Mayer Brown
The rules on set-off under certain circumstances allow to „settle" a claim with a counterclaim and, thus, to avoid making back and forth payments.
Shearman & Sterling LLP
In many financial restructurings to date market participants had relied on the operation of the 2003 Circular...
Jones Day
Finally, section 143 of the Insolvency Code was amended to provide that interest accrues on a monetary avoidance judgment only after
Jones Day
The decision left open whether a contractually agreed-upon early termination right violates section 104.
Reed Smith (Worldwide)
On 16 December 2016 an act amending the insolvency laws applicable to financial derivatives transactions passed the Bundesrat (the second chamber of the German legislature).
Shearman & Sterling LLP
On 9 June 2016, the German Civil Supreme Court (Bundesgerichtshof) decided that close-out netting provisions contained in German law-governed framework agreements for financial derivative transactions.
Mayer Brown
In this White Paper we have summarized the basic principles and legal consequences of several challenge rights.
Reed Smith (Worldwide)
Generally, the effects of insolvency proceedings on agreements are governed by the law of the country where the proceedings are opened.
Taylor Wessing
In Germany, corporate entities are not allowed to act as insolvency administrators (sec 56 I 1 Insolvency Code).
Reed Smith (Worldwide)
German insolvency law, unlike US insolvency law, only recently introduced (in 2012) the so-called protective shield proceedings (Schutzschirmverfahren) to enable potentially illiquid and/or over-indebted debtors to restructure the company on the basis of a so-called insolvency plan.
Reed Smith (Worldwide)
You may have come across the following difficult phenomenon: your contractual counterparty is unable to pay outstanding debts when they become due.
Jones Day
On September 15, 2014, the German Federal Court of Justice (Bundesgerichtshof) published a landmark decision.
Mayer Brown
The insolvency challenge rights give the insolvency administrator, under certain prerequisites, access to assets which the debtor disposed of to the detriment of the creditors prior to the filing for insolvency, thus increasing the insolvency estate.
Most Popular Recent Articles
Hogan Lovells
Recently the German legislature passed a new law, exempting extraordinary profits created by the waiver of claims under restructurings from income tax liability.
Mayer Brown
Parties to an insolvency proceeding are regularly the insolvency debtor, the insolvency court, the insolvency administrator ...
Dentons
Quick Take: More clarity—or more confusion—on what the European Central Bank, acting in its Single Supervisory Mechanism capacity (the ECB-SSM), expects?
Mayer Brown
Within German contract law, the principle of being bound by a contract (pacta sunt servanda), i.e. the obligation to fulfill agreements, applies.
Mayer Brown
The rules on set-off under certain circumstances allow to „settle" a claim with a counterclaim and, thus, to avoid making back and forth payments.
SKW Schwarz
In a landmark decision, Düsseldorf Higher Regional Court clarified that general managers cannot rely on their D&O insurance cover in the event of claims for repayment by an insolvency administrator under Section 64 German Act on Limited Liability Companies (Case I-4 U 93/16).
Mayer Brown
Die Beteiligten eines Insolvenzverfahrens sind regelmäßig der Insolvenzschuldner, das Insolvenzgericht, der Insolvenzverwalter ...
Mayer Brown
Im deutschen Vertragsrecht gilt das Prinzip der Vertragstreue (pacta sunt servanda), welches die Verpflichtung zur Erfüllung von Verträgen zum Gegenstand hat.
Shearman & Sterling LLP
In many financial restructurings to date market participants had relied on the operation of the 2003 Circular...
Jones Day
Finally, section 143 of the Insolvency Code was amended to provide that interest accrues on a monetary avoidance judgment only after
Reed Smith (Worldwide)
On 16 December 2016 an act amending the insolvency laws applicable to financial derivatives transactions passed the Bundesrat (the second chamber of the German legislature).
Jones Day
The decision left open whether a contractually agreed-upon early termination right violates section 104.
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