Insolvency law contains rights, obligations and procedural instructions for a debtor-creditor situation in which the debtor owes money to one or more creditors, which they claim.
On the one hand, it is therefore a matter of satisfying the creditors who appoint a legal creditors’ representative to represent their claim against the insolvency debtor. The insolvency debtor can be either a private individual or a company. The aim is to recover the outstanding amount in full from the debtor.
On the other hand, from the perspective of the insolvency debtor, the aim is to establish insolvency and, if possible, to settle debts with creditors out of court and to obtain a discharge of residual debt. This restructuring service is intended to save the debtor from going into (private) insolvency and, with regard to companies, also falls under the EU’s increasing initiative for pre-insolvency restructuring.
The coronavirus pandemic is forcing countless employees to undertake enormous crisis management in the service and corporate sector. While short-time working is keeping many companies afloat, there are still unfortunate cases in which many have to wave the white flag. If you work in retail and your business is threatened by the closures, we can help you. Together we will secure your existence and help you get back on your feet.
A discharge of residual debt means that at the end of the insolvency proceedings, the debtor is released from the remaining debts that have not yet been repaid. Although it was decided to shorten the residual debt discharge procedure to three years, the debtor must still fulfill his obligations. If complications arise during your good conduct phase that you cannot resolve on your own, we will be happy to help you.
Filing for insolvency can be managed through suitable restructuring measures, such as insolvency under self-administration. In self-administration, the debtor retains the power of disposal over his company. Unlike in conventional insolvency proceedings, in which the company management hands over control to the insolvency administrator, the power of disposal remains with the management. The self-administration procedure can be structured in a legally secure manner with professional support.
The Insolvency Code regulates the enforcement of claims during insolvency proceedings. Collective enforcement means that all creditors are satisfied equally from the debtor’s assets. On the one hand, this ensures that the creditor’s and debtor’s claims are satisfied equally and at the same time secures the income required for the debtor’s livelihood. If you have any questions, I will be happy to help you increase your chances of a debt-free new start.
If private individuals are insolvent or over-indebted, they can file for personal insolvency. Usually only insolvent private individuals who have not worked independently and are not currently doing so may register for this. If you want to apply for personal insolvency or need a certificate for your failed attempt at settlement, I recommend that you contact me as soon as possible so that I can evaluate your situation and advise you on how to proceed.
Creditors of debtors who are in crisis or already insolvent are often overwhelmed as to how they should best behave towards the debtor. The enforcement of claims against insolvent debtors is difficult, as the debtor is able to enforce claims for damages despite insolvency. As your legal counsel, I will help you as a creditor to implement your claims in the insolvency proceedings and to realize at least a large fraction of the damages.
The core concern of our law firm is insolvency avoidance, insolvency advice and restructuring, so that you do not get into the situation of insolvency proceedings in the first place or at least emerge debt-free and stronger for the future by means of a debt settlement plan. The debtor-creditor issue addresses aspects of business management, tax law, company law and contestation law that need to be combined in your interests. In addition to professional expertise, communicative and mediative work is also required, which has a significant influence on the success of your mandate.
As a private individual or entrepreneur, do you need guidance out of the debt crisis? Would you like to assert creditor claims and need support in doing so? Talk to us!
Excellent advice in a difficult liquidity situation.
Private tax office claim: installment payment agreed and resolved. Agreement also reached with the house bank.
No insolvency! no coercive measures! not even a negative entry with Schufa and credit agencies. I would like to thank Mr. Kaufmann for his very professional, successful and outstanding human help. I can only recommend it expressly and unreservedly.
I asked my tax law question and received a competent, comprehensible and very detailed answer on the same day, which answered my questions more than satisfactorily. I found the unobtrusive manner of communication particularly pleasant.
Thank you very much.
Representation and mediation with a bank:
Mr. Kaufmann helped me quickly and easily with a legal dispute with my bank. The problem was that the bank did not want to hand over the sale price to me after selling the land, but wanted to repay its own loans first, contrary to the agreement. Mr. Kaufmann was very proactive and reached an agreement with the bank very quickly. This would not have been possible without his support.
Finally found a lawyer like Mr. Kaufmann! Previously only had sleepyheads who only woke up when it came to their own bill. Mr. Kaufmanbn stands behind his clients 100%. He tries to get everything out of it that he can. He himself is only satisfied when his clients are satisfied too. He is a fighter. I know from my own experience that this is unfortunately no longer a matter of course for most lawyers these days. So thank you once again.
We came to Mr. Kaufmann with a very complex tax matter. At the beginning we didn’t have the feeling that we could solve the matter in a positive way. In the course of the proceedings, however, we increasingly got the feeling that we had chosen the right lawyer. Competent, helpful and always a solution on the table. Nice, competent advice and implementation. With his help, we brought it to a good end and a lot of stones fell from our hearts. All in all, the right step. We would like to take this opportunity to thank you once again for your help and advice.
First-class advice and support for people in medium-sized companies, among others. Mr. Kaufmann and his team are very friendly and competent and are personally committed to their clients. Highly recommended.
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We offer you a building owner consultation. Or do you have questions about notifying us of defects? We can help you with construction defects in your new build or purchased property.
Are you looking for a specialist in “insolvency regulations” or “debt counseling”?
We can help you as a private individual or as an entrepreneur out of insolvency.
We help with severance pay, protection against dismissal and temporary employment and advise you on all questions relating to dismissal and vacation entitlement.
Are you under threat of a tax investigation, or do you have other difficulties with the tax office or questions about inheritance certificates? We can also help you with criminal tax law!
You don’t have to fight fraud or identity theft in your company alone. We can help you with white-collar criminal proceedings.
