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Insolvency · Restructuring

Insolvency lawyers in Hannover, Germany

In a crisis every day counts. We advise managing directors, shareholders and creditors on restructuring, filing obligations and liability, and against avoidance claims by insolvency administrators.

Insolvency Law · Hannover, Germany

Staying in control when things get tight

Payment difficulties often build up slowly and then become acute. For managing directors of German companies, strict deadlines then apply – missing them can trigger personal liability and criminal risk.

We advise management early on their duties, assess illiquidity and over-indebtedness and show routes to restructuring – out of court, under the German StaRUG framework or in self-administration together with specialist restructuring advisers. We also represent creditors, including foreign suppliers and licensors of German insolvent companies.

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Services

Our insolvency services

Crisis advice for directorsFiling obligations, liability prevention and documentation.
RestructuringOut-of-court restructuring, StaRUG and self-administration.
Director and shareholder liabilityDefence against liability claims by the administrator.
Avoidance claimsDefence against clawback demands by insolvency administrators.
Creditor representationFiling claims, creditors‘ committees and enforcing security.
IP in insolvencyLicences, trademarks and patents in the insolvency of licensor or licensee.
Case examples

Typical cases from our practice

What mandates in this area often look like – from the first call to the solution.

Case 1

Director in a liquidity crisis

Situation: A GmbH can only partly pay due supplier invoices; the director asks whether he must file.

Our approach: Together with the tax adviser we prepare a liquidity status, assess illiquidity and show restructuring options or the route to filing within the statutory deadlines.

Case 2

Clawback of payments

Situation: Two years after supplying an insolvent customer, a supplier is asked to repay all payments of the last months.

Our approach: We examine the conditions for avoidance, in particular knowledge and cash transactions, and negotiate a significantly reduced settlement.

Case 3

Licensor becomes insolvent

Situation: A company uses software whose vendor is insolvent and fears losing access and updates.

Our approach: We review the administrator’s options, negotiate continuation or transfer of the licence and secure source code access via escrow.

Note: These examples are anonymised, typical scenarios. They do not describe specific mandates and do not promise any outcome – every case is assessed individually.

How we work

Four steps to a solution

Get in touchBy phone, email or video call. Please mention any deadlines right away.
Initial assessmentWe review your documents, clarify goals and risks and tell you openly what is realistic.
Strategy & feesYou receive a clear plan and a transparent fee structure – statutory fees or agreed rates.
ExecutionWe negotiate, draft, file or represent you before authorities and courts throughout Germany.
Team

Your contacts

Depending on the matter, we combine attorneys and – where technology is involved – patent attorneys in one team. All our lawyers advise in English.

Detailed profiles are available in German.

FAQ

Frequently asked questions

When must an insolvency petition be filed in Germany?

In case of illiquidity no later than three weeks, in case of over-indebtedness no later than six weeks after the reason for insolvency arises.

Am I personally liable as managing director?

Possibly – for payments made after insolvency, unpaid social security contributions and taxes, and for delayed filing.

Can the administrator reclaim payments I received?

Under certain conditions yes; depending on the ground, look-back periods can extend to four or even ten years.

Contact

Your lawyer for Insolvency Law in Germany

Tell us about your matter. We usually reply within one business day – faster where deadlines apply.

horak Rechtsanwälte · Fachanwälte · Patentanwälte
Georgstrasse 48 · 30159 Hannover · Germany
Phone +49 511 35 73 56-0
Email hannover@fachanwalt-hannover.com
Mon–Thu 8:00–17:30 · Fri 8:00–17:00 (CET) · Video meetings available