Restrukturing Plan

If a company needs financial restructuring to avoid insolvency proceedings and only a majority of the creditors are likely to agree, the application of the preventive restructuring framework (StaRUG) can be considered. However, the prerequisite is that insolvency is only imminent but has not already occurred. Therefore, timely planning of the procedure is crucial. The aim of the procedure is a financial restructuring via a restructuring plan. The advantage of the restructuring plan is that it can be implemented outside of insolvency. Its disadvantage is that it can only solve the problem of consensus disruptors among shareholders and creditors. For example, the termination of continuing obligations (employment or rental contracts) is not possible.

Aderhold analyses the advantageousness of a restructuring plan and prepares, negotiates and submits a restructuring plan to the court.

The court may (and in certain cases must) appoint a restructuring officer as a neutral person to whom certain tasks are assigned by the court as required. Aderhold can also assume this function.