Overview

Company Acquisition from Insolvency

Buying companies out of insolvency follows different rules than normal M&A transactions. Prospective buyers can be, for example, lenders who use their outstanding receivables to take over the company. But also third parties can take over companies or parts of companies out of insolvency.

In most cases, such acquisitions have to be completed within a very short time frame, which means that an all-encompassing due diligence is often not or only partially possible in advance. Also, in the case of purchases from insolvency, it is not possible to negotiate the guarantees that are customary in the context of a free sale. In this respect, it is important to know exactly what risks the purchaser is assuming and to what extent the purchaser can benefit from the advantages of buying out of insolvency.

We advise on all phases of a company purchase out of insolvency. Our expertise in other areas of business law also helps us in this regard. We are experienced in acting very quickly with small teams and, if necessary, also provide direct support during negotiations.

Your key contacts

Partner

Eckard von Bodenhausen

Partner

Philipp von Dietze

Partner

Sibylle Weuster

Partner

Christoph Oertel

Partner

Johannes Struck

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owusu Sarah Owusu
Associate