Cross-border restructuring and insolvency Cross-border Across borders and restructuring across professions and insolvency English
Breadth of skills singular focus
Schultze & Braun handles all German-related aspects of...... European, English and American business recovery and insolvency law, with each team member focusing on particular jurisdictions, legal cultures and languages. European business recovery and insolvency are our particular specialities. We are able to design innovative solutions for all aspects of cross-border restructuring and insolvency cases, be it under EC Regulations, adoption of the UNCITRAL Model Law or in connection with the US-Bankruptcy Code. Our extensive knowledge of restructuring and insolvency law is based on more than 35 years of involvement in insolvency administration. Our major assignments have included: FlowTex, an international fraud case involving over $2 billion in damages; Phoenix, also an international fraud case, resulting in over 600 million in damages; Solar Millennium; Frankfurter Rundschau; Daewoo Germany; Winterling; Rosenthal; SinnLeffers and Fairchild Dornier. Schultze & Braun also promotes the development of international insolvency law through broadbased academic activities, as well as providing legal counsel to international bodies. How can Schultze & Braun assist you? Schultze & Braun is one of the top-ranking business recovery, insolvency and restructuring specialists in Germany. We have more than 90 lawyers and our offices cover over one third of Germany s 183 insolvency courts coverage unmatched by any other law firm. We are well versed in advising all players in and on financially (di)stressed situations beyond mere legal theory. We specialise in: Reorganisations, including restructuring plans Risk and portfolio management, including trustee structures and creditor pools Distressed M&A, including non-performing loans Labour and employment law Transnational insolvency law Liability issues, including recharacterisation as equity, equitable subordination and avoidance 3
Eberhard Braun Certified specialist in Insolvency Law Chartered Accountant Special focus: US EBraun@schubra.de Annerose Tashiro Head of cross-border business restructuring and insolvency Registered European Lawyer (London) Special focus: US, Japan ATashiro@schubra.de Peter de Bra Special focus: US PdeBra@schubra.de H. Philipp Esser Attorney at Law (New York State) LL.M. (Chicago) Special focus: US PEsser@schubra.de Patrick Ehret Attorney at Law in France Certified Specialist in International law in France Special focus: France, US PEhret@schubra.de Ellen Delzant Attorney at Law in France Special focus: France EDelzant@schubra.de Pascal Schütze Special focus: France PSchuetze@schubra.de Ronan Dugué Attorney at Law in France Special focus: France RDugue@schubra.de 4
Frank Tschentscher LL.M. (Nottingham) Solicitor (England and Wales) Special focus: UK FTschentscher@schubra.de Volker Beissenhirtz LL.M. (London) Registered European Lawyer (London) Special Focus: UK VBeissenhirtz@schubra.de Christoph von Wilcken Special focus: UK CWilcken@schubra.de Michael Rozijn Certified Specialist in IT law Special focus: Netherlands MRozijn@schubra.de Elske Fehl-Weileder Certified Specialist in Insolvency Law Special focus: China EFehl@schubra.de Alexandra Josko de Marx LL.M. (Kraków) Special focus: Poland AJosko@schubra.de Sandra Inglese Attorney at Law in France Special focus: France SInglese@schubra.de We can provide advice in German, English, French, Spanish, Dutch, Japanese, Mandarin and Polish. 5
Our Clients Banks Are you sure that the collateral you have been granted by a German company has been assigned properly? Do you know what will happen if the German subsidiary of your US-based debtor becomes insolvent? Do you need collateral documents incorporating decades of experience in insolvency work? Schultze & Braun has been working more than 35 years as administrators for courts and knows all the questions you have regarding the outcome of German insolvency procedures. We can draft your documents, audit your collateral, evaluate the financial status of your debtor and represent you in dealings with the court-appointed administrator. Investors Are you planning to buy a German company that is in the midst of a crisis or that has been declared insolvent? Do you know how to determine the purchase price? Are you concerned that the insolvency administrator will try to get the better of you? Schultze & Braun has sold hundreds of insolvent companies and represented numerous investors in buying companies and assets from insolvency administrators. To make your investment plans successful, it is necessary to understand how both the administrator and the creditors behind the administrator think. Schultze & Braun supports you to get the best deal possible by representing you in your negotiations with the administrator or individual creditors. Creditors Are you caught in a German insolvency and fear you will suffer substantial losses? Are you unsure whether your general terms and conditions provide the best possible protection from your customer s insolvency? Schultze & Braun represents your interests in a German insolvency and advises you on how to protect your position should your business partner in Germany become insolvent. Shareholders Do you own a German company wholly or in part? Is your German subsidiary in difficulty? Are you considering insolvency scenarios? Do you know what your risks are in a German insolvency? Will there be any liability for the parent company or personal liability for an officer of the German subsidiary? Schultze & Braun tells you what a German administrator will look for when trying to establish the liability of the parent. We also assess the risks involved in an insolvency scenario and help your officers avoid personal liability. 6
www.schubra.eu
Schultze & Braun has offices in Germany, the United Kingdom and France. For further information or advice, please contact: United Kingdom London Schultze & Braun LLP 33 Throgmorton Street UK-London EC2N 2BR Phone +44 (0)20 71 56 50 29 Fax +44 (0)20 71 56 52 23 Internet: www.schubra.eu E-Mail: Mail@schubra.de France Paris 27, avenue de l Opéra F-75001 Paris Telefon +33 (0)1 70 38 54 53 Telefax +33 (0)1 70 38 54 87 Straßburg Tour Sébastopol 3, quai Kléber F-67000 Strasbourg Phone +33 (0)3 88 23 70 53 Fax +33 (0)3 88 23 71 21 Internet: www.schubra.fr E-Mail: Mail@schubra.fr Germany Achern Eisenbahnstraße 19-23 D-77855 Achern Phone + 49 (0)78 41/7 08-0 Fax + 49 (0)78 41/7 08-3 01 Berlin Krausenstraße 8 D-10117 Berlin Phone + 49 (0)30/3 08 30 38-0 Fax + 49 (0)30/3 08 30 38-1 11 Bremen Domshof 22 D-28195 Bremen Phone + 49 (0)421/43 301-0 Fax + 49 (0)421/43 301-10 Frankfurt Olof-Palme-Straße 13 D-60439 Frankfurt Phone + 49 (0)69/5 09 86-2 00 Fax + 49 (0)69/5 09 86-2 10 Internet: www.schubra.de E-Mail: Mail@schubra.de Of f ices in Germany: Saarbrücken Bocholt Essen Wuppertal Mönchengladbach Karlsruhe Schleswig Bremen Hamburg Halle Rostock Celle Berlin Hamelin Hanover Braunschweig Detmold Magdeburg Dessau-Rosslau Achern Offenburg Endingen Stuttgart Rottweil Erfurt Frankfurt Hof Aschaffenburg Bayreuth Mannheim Weiden Nuremberg Augsburg Munich Leipzig Chemnitz Dresden 13020055 Cross-border restructuring (Bildhinweis: www.istockphoto.de)