Operational Management

Within the framework of an on-going restructuring process, there may be constellations in which it becomes apparent that insolvency is the most suitable and economically sensible course of action from the point of view of the company, but also from the point of view of the stakeholders involved.

Even in situations in which a company has its back to the wall due to bad debt losses or sales slumps, the option of restructuring through insolvency proceedings gains in importance. In these situations, it is the task of the management to tackle insolvency as in as organized a manner as possible.

Restrukturierungspartner organize and structure the processes in such a way that the greatest possible transparency is created for the insolvency administrator, the self-administrator or the trustee - whether in the insolvency application procedure or after the insolvency proceedings have been opened.

In the run-up to filing for insolvency, the essential course must be set for restructuring in the insolvency proceedings. The aim of a structured insolvency is to optimally prepare for insolvency at an early stage and to ensure the continuation of business activities even after filing for insolvency, if possible without frictional losses in cooperation with the provisional insolvency administrator.

When should a consultant be called in?

Ideally, advice on the continuation of a business begins before filing for insolvency. First steps that Restrukturierungspartner is taking, among other things:

1. Determining whether an insolvency application must be filed

2. Determining when an insolvency application must be filed

3. Clarifying which most urgent problems must be solved in the short term in the first days after filing for insolvency

4. Determining under which premises the continuation of the company during the insolvency filing is possible

5. Clarifying under which premises the continuation of the company after opening of the insolvency filing is possible

After filing for insolvency the situation is very often confusing. Suppliers, but also customers or other market participants, will try to assert their own interests in the best possible way. This leads to disorderly conditions and a clear head is required. Processes must be resumed and partly reorganized so that an orderly continuation of operations is possible. The requirements of the insolvency decision and the interests of all stakeholders must be adequately taken into account.

Based on many years of experience, we are able to accompany companies of any size with the continuation of their business and to ensure stable conditions within the framework of insolvency. This significantly increases the chances of sustainable restructuring.

The continuation of operations is mapped with a tool that has been tried and tested for decades and is continuously being improved to control both liquidity and earnings planning and, in particular, the on-going ordering process. This ensures on-going control, so that the continuation of operations for all of the creditors can be operated with a positive surplus.

Dr. Robert Tobias

Partner and Managing Director

+49 30 2064 3720 0

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