Insolvency Lawyer in Germany
A liquidity shortfall, over-indebtedness or an insolvent business partner? Our law firm in Berlin advises companies, managing directors and creditors on insolvency law, so that you can overcome a corporate crisis or at least avoid personal liability in the event of insolvency.
- Quick response, usually within 24 hours on working days
- Initial consultation in person or by video (usually 45 to 60 min.)
- Advice in English and German
Insolvency Law for Companies: Act Early, Avoid Liability
For managing directors, the critical phase begins long before the insolvency filing: at the latest once the company is insolvent, statutory deadlines start running, and many payments from company assets can lead to personal liability. As insolvency lawyers in Berlin, we review the financial situation with you, show you options for restructuring and, if necessary, prepare the filing; for all companies based in Berlin, the competent court is the Amtsgericht Charlottenburg. We also represent creditors such as suppliers, service providers and landlords.
For companies & managing directors
Liquidity shortfall, imminent insolvency or liability risk?
- Check insolvency status & duty to file
- Restructuring, self-administration & insolvency plan
- Defend against managing director liability
For creditors & business partners
Customer, supplier or tenant insolvent?
- Secure claims & file them with the insolvency table
- Defend against insolvency avoidance claims
- Contracts with insolvent partners
Advice for Companies and Managing Directors in Crisis
Checking Grounds for Insolvency: Inability to Pay and Over-Indebtedness
Whether there is a duty to file depends on the grounds for insolvency: inability to pay (Section 17 InsO), imminent inability to pay (Section 18 InsO) and over-indebtedness (Section 19 InsO). Together with your tax advisor, we evaluate the liquidity plan and the going-concern forecast and document the review in a way that will later stand up to the insolvency administrator.
Restructuring Before and in Insolvency
Not every crisis ends in liquidation. We negotiate deferrals and settlements with banks, suppliers and landlords, assess the restructuring framework under the StaRUG and, where appropriate, guide you into insolvency in self-administration (Eigenverwaltung), protective shield proceedings (Schutzschirmverfahren) or an insolvency plan. The aim is to preserve the business and as many jobs as possible.
Filing for Insolvency on Time and in Full
If insolvency cannot be avoided, a proper filing is what counts. We prepare the list of creditors and the statement of assets, file the application with the insolvency court and support you from the opening proceedings with the preliminary insolvency administrator through to the conclusion of the proceedings. Employment law issues such as insolvency benefit (Insolvenzgeld), dismissals or a social plan are handled by the same team.
Managing Director Liability & Delayed Filing
After the proceedings are opened, the insolvency administrator examines whether the managing director is liable, for example for payments made after the company became insolvent (Section 15b InsO). We defend against such claims, involve the D&O insurance and, in the case of criminal allegations such as delayed filing for insolvency (Insolvenzverschleppung) or unpaid social security contributions, bring in our white-collar criminal law advice, including in criminal proceedings.
Advice for Creditors and Business Partners
Securing and Filing Claims
We file your claims with the insolvency table on time and with supporting evidence, assert retention of title as well as rights of segregation and separate satisfaction, and represent you at the creditors’ meeting. If a filed claim is disputed, we enforce it, if necessary, by an action for a declaratory judgment.
Defending Against Insolvency Avoidance
Insolvency administrators frequently reclaim payments that a debtor made before or even after the filing (Sections 129 et seq. InsO). We examine whether the avoidance claim holds up, for example in the case of cash transactions or instalment payments, and negotiate a settlement or defend you in court.
Contracts with Insolvent Partners
Whether a supply contract, a commercial lease or a project order: once proceedings are opened, the insolvency administrator can choose whether to perform a contract (Section 103 InsO). We clarify which rights you retain, whether you should continue to deliver and how to make your contracts insolvency-proof in future.
Why BRG Rechtsanwälte for Insolvency Law
20+
years of experience in white-collar criminal law
100+
Cases handled in bankruptcy proceedings
3
languages of advice
21
reviews on ProvenExpert
- Insolvency, corporate, employment and business law from a single source
- A direct contact for clients, even when things need to move fast
- Cooperation with tax advisors on liquidity planning and the going-concern forecast
- Advice in person in Berlin or by video
Your Lawyers for Insolvency Law
Attorney (Rechtsanwalt) · Certified Specialist in Commercial and Corporate Law
DE · EN · RU
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What Our Clients Say
5 · 21 reviews on ProvenExpert
Learn moreHow We Work Together
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Request
Via form, phone or email. Send us documents such as a liquidity overview, management accounts (BWA), open receivables or letters from the insolvency administrator right away.
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Response
We review your matter and usually get back to you within 24 hours on working days.
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Strategy & costs
You receive a clear assessment and, where appropriate, a transparent cost proposal.
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Implementation
We negotiate with creditors, prepare the filing, defend against liability claims or represent you in court.
Costs & Fees
Information call
In the first information call you receive all details on the process and the costs.
Advice & restructuring
For advice in a crisis and support with a restructuring, we agree an hourly rate or a flat fee. This way you know in advance what to expect.
Costs of insolvency proceedings
Court fees and the insolvency administrator’s remuneration are paid from the company’s assets, the insolvency estate. If the estate is insufficient to cover them, the court rejects the application for lack of assets.
Court proceedings
In avoidance or liability proceedings, the statutory fees are based on the amount in dispute (RVG) or on an hourly rate. We assess the cost risk for you in advance.
Frequently Asked Questions on Insolvency Law in Germany
What does an insolvency lawyer do?
An insolvency lawyer advises debtors, i.e. companies and their managing directors, as soon as a corporate crisis emerges: he checks whether there are grounds for insolvency, looks for ways to restructure and files for insolvency if necessary. On the other side, he helps creditors secure their claims and defend against reclaims by the insolvency administrator.
How much does an insolvency lawyer cost?
As a rule, an hourly rate or a flat fee is agreed for advice. In court proceedings, the fees are based on the amount in dispute (RVG) or on the hourly rate, or a combination of both. We will tell you the costs in the information call.
When does a GmbH managing director have to file for insolvency?
As soon as the GmbH is unable to pay or over-indebted, the managing director must file for insolvency without culpable delay. The maximum period is three weeks in the case of inability to pay and six weeks in the case of over-indebtedness (Section 15a InsO). Anyone who acts too late risks criminal liability for delayed filing for insolvency.
Is the managing director personally liable in insolvency?
In principle, the GmbH is liable with its own assets. However, the managing director is personally liable if, after the company became insolvent, he still makes payments that are not compatible with the care of a prudent business manager (Section 15b InsO). There are also risks in connection with unpaid employee social security contributions and tax debts.
Can insolvency proceedings still be avoided?
Insolvency can often be averted if action is taken in time. As long as inability to pay is only imminent, out-of-court agreements with creditors or a restructuring under the StaRUG are possible. If the company is already insolvent, self-administration or an insolvency plan often still offer a way to continue the business.
What applies to the self-employed and sole traders?
Self-employed persons generally do not go through consumer insolvency proceedings but through standard insolvency proceedings (Regelinsolvenzverfahren). The business can often be continued if the insolvency administrator releases the self-employed activity. The process usually ends with a discharge of residual debt after three years. For a purely private insolvency without a business background, a recognised debt counselling service is often the right first point of contact.
What is the difference between an insolvency lawyer and an insolvency administrator?
The insolvency administrator is appointed by the court and owes duties to all creditors. He realises the assets and examines liability and avoidance claims. Your own lawyer, by contrast, represents your interests alone, whether as a company, as a managing director or as a creditor.
What can creditors do if a customer becomes insolvent?
First check whether goods were delivered under retention of title, and stop further deliveries without security. After the proceedings are opened, file your claim with the insolvency administrator within the deadline set by the court. In many proceedings, only a limited dividend can be expected on unsecured claims.
Can the insolvency administrator reclaim paid invoices?
Yes, by way of insolvency avoidance. Depending on the ground for avoidance, the period extends from a few months to up to a decade before the filing. Whether a reclaim is justified depends, among other things, on what you knew about your customer’s situation. It is worth having it reviewed before you pay.
Do you also offer online consultations?
Yes. In addition to meetings in person in Berlin, we advise by phone and video conference, in German, English and Russian. This allows us to support clients outside Berlin and abroad as well.
Liquidity Shortfall or an Insolvent Customer?
The earlier we talk, the more options you have. In person in Berlin, by phone or by video.
Send an enquiry
Our team of specialist lawyers will be happy to advise you personally, by email, video conference or telephone - which of our services would best suit your needs and the likely costs. This initial information is, of course, free of charge and without any obligation on your part.