From the perspective of creditors and investors.
I represent creditors and institutional investors in insolvency and restructuring proceedings — on the creditors committee, in enforcing claims and in reorganisation negotiations. Company-side mandates in reorganisation are not excluded, but my focus is clearly on the creditor and investor side.
As author of the Poland country report in the Munich Commentary on the Insolvency Code (C.H. Beck, 4th ed. 2021) — I wrote the Ukraine country report up to the 3rd ed. 2016 — and as co-editor of the 1st edition and co-author (up to the 2nd ed. 2016) of the Handbook on Corporate Restructuring, I combine legal practice with academic depth.
In insolvency, organisation determines influence. I represent institutional creditors and investors where the course is set — on the creditors committee, in the creditors meeting and in enforcing claims.
In the insolvency proceedings of Solen AG (AG Meppen, case no. 9 IN 74/13), I served as a member of the creditors committee (proceedings concluded).
Bondholders
As Joint Representative under Sec. 5 SchVG, I also represent the entirety of bondholders in the issuer\’s insolvency. More under Bonds & Restructuring and in the Bondholder Service.
Restructurings are increasingly decided before insolvency. I handle the instruments of modern reorganisation law — from out-of-court negotiation through StaRUG to the insolvency plan — while safeguarding the interests of creditors and investors.
In the court-supervised StaRUG reorganisation of a high-tech company (funded by a major US hedge fund), I represented the works council on claims arising from virtual stock option programmes — at the intersection of restructuring, capital markets and employment law.
Director liability in corporate crises is addressed primarily under Corporate Law.
Cross-border insolvencies require knowledge of several legal systems. I represent creditors in proceedings with German and foreign dimensions and write the Poland country report in the Munich Commentary on the Insolvency Code; I wrote the Ukraine country report up to the 3rd edition.
Regional depth
My particular roots in Poland and Ukraine — admission, teaching, commentary, editorial board of „Osteuropa-Recht” — are covered in detail under Poland & Ukraine.
