Umwandlungsmaßnahmen im Insolvenzplanverfahren

After the reform of German Insolvency Law in 2012, it is now possible to integrate corporate measures that are permitted under German Company Law into an insolvency plan. However, numerous questions relating to Company and Insolvency Law that arise alongside the implementation of conversion measures in insolvency plan proceedings are yet unanswered. This study addresses these questions, which have thus far only been discussed fragmentarily in legal literature, comprehensively and also offers practical solutions.

Among other things, the author argues against any de-merger-related liability as well as against other obstacles to conversion measures (such as the prohibition of spin-offs for sole traders). Further, he pleads for a direct distribution of shares in the target company to the creditors as consideration if assets are being transferred by way of a merger or de-merger within insolvency proceedings.