englischThe four instruments of section 29 of the German Restructuring Act (StaRUG) form the core of the new preventive restructuring framework. The dissertation examines the similarities and differences between these instruments and the U.S. Chapter 11 proceedings as well as the comparable English [...]

englischMeasures under the German Transformation Act can be used, e.g., to transfer favorable contracts of insolvent companies or to adapt their corporate structure for investors. In insolvency plan proceedings, neither the consent of the shareholders nor that of the contractual partners is required [...]

englischThe book deals with all questions concerning cross-border restructuring proceedings under the newly implemented StaRUG, focusing on the also newly enabled possibility of intra-group third-party releases in German restructuring proceedings. In this context, both public restructuring [...]

englischThe conclusion of a continuation agreement is an important means for customers to ensure the maintenance of their own production and the functioning of the supply chain in the event of the supplier's insolvency. Especially in closely timed production processes, the contracting parties will [...]

englischWith the recast of the European Insolvency Regulation, a new remedy was introduced in Art. 5 EuInsVO, the application of which in practice raised several questions and problems in the concrete implementation of the remedy.

The work focuses on the procedural side of the review of the decision [...]

englischThe thesis deals with the supranational protection of rights in rem in assets which are situated within the territory of another Member State at the time of the opening of cross-border proceedings, particular of impairments of the right in rem in the context of the German insolvency plan. [...]

englischThe study examines classification and recognition issues that arise in the scope of application of the European Insolvency Regulation if corporate measures are implemented by way of a restructuring plan in deviation from company law requirements. The study analyzes German, English, French [...]

englischThis thesis is becoming more important to public treasurers, local politicians and restructuring representatives by the day as it describes a specialized framework for dealing with distressed municipal budgets without necessarily having to rely on further funding. It develops a restructuring [...]

englischDepending on how it is implemented, the preventive restructuring framework will have significant impact on the existing German restructuring and insolvency law. The work comprehensively analyses the requirements of the Directive (EU) 2019/1023 of 20 June 2019 establishing this framework, [...]

englischCredit derivatives can be used by creditors to rid themselves of their debtor’s default risk and act without any economic exposure, thus becoming ‘empty creditors’. This challenges a fundamental principle of insolvency law: the synchronisation of economic and legal ownership. Unlike in the [...]