Best Restructuring & Insolvency Lawyers in Neubrandenburg

About Restructuring & Insolvency Law in Neubrandenburg, Germany

Restructuring and insolvency law in Neubrandenburg, Germany, is designed to manage financial distress in businesses and individuals. The region follows the laws and procedures set out in the German Insolvency Code (Insolvenzordnung or InsO), which governs the reorganization and liquidation of assets. Neubrandenburg, located in the state of Mecklenburg-Western Pomerania, applies these federal regulations through its local courts and legal professionals. Whether you are a business owner, shareholder, creditor, or employee, understanding the local processes and your legal rights is crucial when facing insolvency or considering restructuring options.

Why You May Need a Lawyer

There are several situations where seeking legal advice in the area of restructuring and insolvency is beneficial. If you are a company director worried about potential insolvency, an individual facing overwhelming debts, or a creditor concerned about unpaid invoices, a knowledgeable lawyer can provide guidance. Legal professionals can help with the preparation and submission of insolvency filings, negotiate with creditors, and develop restructuring plans to ensure compliance with the law. Additionally, lawyers advise on directors' liabilities, contesting claims, and navigating the complex court proceedings that often arise during insolvency cases.

Local Laws Overview

The primary legal framework for restructuring and insolvency in Neubrandenburg is the German Insolvency Code. Key aspects include:

• Insolvency procedures start with a filing at the local insolvency court (Insolvenzgericht), typically at the District Court (Amtsgericht) of Neubrandenburg.
• There are two primary routes: liquidation, where the debtor's assets are sold to satisfy creditors, and restructuring/reorganization, allowing ongoing operation under a court-approved plan.
• Directors are obligated to file for insolvency promptly if a company becomes unable to pay debts or is over-indebted, usually within three weeks.
• Creditors, employees, and tax authorities can initiate insolvency proceedings if justified.
• Debt relief procedures for individuals (consumer insolvency) follow their own streamlined process, facilitating a fresh start after several years.
• The court appoints an insolvency administrator, who is in charge of managing the insolvency estate and representing creditors' interests.

Frequently Asked Questions

What is considered insolvency in Germany?

Insolvency exists when a person or business can no longer pay debts as they fall due (illiquidity) or if liabilities exceed assets (over-indebtedness for corporations). Recognition of these situations triggers specific legal obligations under German law.

How is the insolvency process initiated in Neubrandenburg?

The debtor or a creditor may file a petition for insolvency at the District Court (Amtsgericht) of Neubrandenburg. Required documents include financial statements and evidence of insolvency. The court reviews the application and appoints an insolvency administrator if proceedings are opened.

What is the role of an insolvency administrator?

An insolvency administrator is appointed by the court to manage the debtor's assets, examine claims, distribute payments to creditors, and, in some cases, oversee reconstruction efforts to keep the business operating.

When must a company file for insolvency?

Company directors must file for insolvency without undue delay, typically within three weeks of discovering illiquidity or over-indebtedness. Failing to do so can result in personal liability and criminal charges.

Can individuals file for personal bankruptcy?

Yes, private individuals overwhelmed by debt may file for consumer insolvency. This process helps debtors to discharge remaining debts after completing a payment plan, usually over a three to six year period.

Is restructuring an option to avoid insolvency?

Yes, restructuring, either informally or as part of a court-supervised process under the German Stabilization and Restructuring Framework (StaRUG), can help viable businesses reorganize their finances and avoid insolvency proceedings altogether.

What are the implications for employees if a company becomes insolvent?

Employees’ claims for unpaid wages have a privileged status during insolvency. The German Insolvency Wage Guarantee (Insolvenzgeld) also provides government-funded salary payments for up to three months before the insolvency filing.

Can debtors keep their business running during insolvency?

Depending on the circumstances and under court supervision, debtors may be allowed to continue business operations with the goal of achieving a turnaround or selling the business as a going concern.

What happens to contracts after insolvency proceedings start?

Generally, contracts remain valid, but the insolvency administrator may decide whether to continue or terminate ongoing contracts, depending on what benefits the insolvency estate.

How are creditors paid during insolvency?

Creditors must submit their claims to the insolvency administrator, who will verify and prioritize them. Distribution follows the statutory order of priority, with secured and privileged creditors paid first and others proportionally from remaining assets.

Additional Resources

If you are facing financial difficulties or require restructuring advice in Neubrandenburg, the following resources may be useful:

• District Court Neubrandenburg (Amtsgericht Neubrandenburg) - Handles local insolvency proceedings.
• Chamber of Industry and Commerce (Industrie- und Handelskammer, IHK) Neubrandenburg - Offers guidance and information to businesses in distress.
• German Bar Association (Deutscher Anwaltverein) - Helps in finding qualified restructuring and insolvency lawyers in your area.
• Public Debt Counseling Services (Schuldnerberatung) - Non-profit organizations offering personal debt advice and support.
• Federal Ministry of Justice (Bundesministerium der Justiz) - Publishes detailed guides on the German Insolvency Code and related procedures.

Next Steps

If you are considering restructuring, facing insolvency, or dealing with claims in Neubrandenburg, it is important to act promptly. Start by gathering all relevant financial documents and seeking an initial consultation with a qualified restructuring and insolvency lawyer. They can advise you on your specific situation, represent your interests with creditors and authorities, and guide you through all necessary legal steps. Delaying action can limit your options and potentially increase risks for liability or loss. Early professional advice offers the best chance to protect your interests and achieve a favorable outcome.