Debt Equity Swaps als finanzwirtschaftliches Sanierungsinstrument

The conversion of creditor claims into shares in an (insolvent) company (debt equity swaps) is one of the most important financial restructuring instruments in modern restructuring practice. This thesis does not only provide a practice-oriented overview regarding the implementation of a debt equity swap under German law, but also assesses the challenges posed to it by the German Insolvency Code (Insolvenzordnung), tax laws, capital markets laws and other relevant areas of the law, for which the author provides practice-oriented solutions in line with current jurisprudence. Furthermore, the study also comprehensively compares the German Insolvency Code with Chapter 11 of the US Bankruptcy Code. This thesis offers invaluable support for practitioners as well as legal policy by providing additional proposals for reforming current laws. It will therefore appeal to insolvency administrators, lawyers, legal departments, judges, the authorities and also academic circles.