Corporate crisis management
and initial advice on StaRUG and InsO
Small and medium-sized enterprises are currently facing increasingly complex economic circumstances: liquidity problems, rising costs, late payments, difficulties in their dealings with banks and suppliers, or unsustainable levels of debt.
In questi casi è fondamentale individuare tempestivamente le possibili strategie di intervento e valutare con attenzione gli strumenti previsti dal diritto tedesco.
We assist entrepreneurs, companies and the self-employed during the initial phase of analysing a business crisis, offering initial practical advice tailored to the company’s specific needs. The aim is to help clients understand the legal and economic context of their situation, the relevant timelines and the possible operational options.
Pastori & Kollegen
First stage
Preventive analysis
and intervention strategies
In many cases, timely crisis management can help to ensure business continuity and avoid further liability for directors and business owners. We assist clients with the preliminary assessment of:
Particular attention is paid to assessing
the financial viability of the business and to planning
any subsequent stages, including in coordination with tax advisers, accountants and other relevant professionals.
1. Crisis indicators and insolvency risks
2. Directors’ obligations and related deadlines
3. Immediate measures to stabilise liquidity;
4. Negotiations with creditors, suppliers and banks;
5. The possibility of out-of-court restructuring;
6. Access to the tools provided for under the StaRUG;
7. Assessment of the procedures laid down in the InsO.
Initial consultation on StaRUG
The StaRUG (Unternehmensstabilisierungs- und ‑restrukturierungsgesetz) provides German companies
with tools for preventive restructuring even before insolvency proceedings are opened.
At this stage, a realistic assessment of the economic and financial situation
and of the actual prospects for continuing operations is often crucial.
We provide initial guidance to help business owners and directors understand:
The eligibility criteria for access to restructuring measures.
Possible stabilisation and renegotiation measures.
The role of creditors and the required majorities.
The operational implications for business management.
The timeframe and associated risks.
The differences compared with a traditional insolvency procedure.
In questa fase risulta spesso decisiva una valutazione realistica della situazione economico-finanziaria e delle concrete prospettive di prosecuzione dell’attività.
Insolvency proceedings
Initial advice on the InsO
and insolvency proceedings
When it is no longer feasible to continue business operations, or where there are grounds for insolvency under the German Insolvency Code (InsO), it is important to quickly understand the legal obligations and the options available.
We assist clients during the initial
orientation and preparation phase with regard to:
- insolvency proceedings for companies and sole traders;
- directors’ liability;
dealing with insolvency practitioners and creditors; - preparing the necessary documentation;
the effects of the proceedings on existing contracts; - protecting the entrepreneur’s personal assets;
- possible prospects for business continuity or liquidation.
Thanks to the experience gained by our solicitors, including through collaboration with trustees and professionals working in the field of insolvency proceedings, we are able to offer practical and pragmatic support during the initial phase of crisis assessment and management.
Pastori & Kollegen
Individuals and sole traders
Debt discharge proceedings
for individuals and sole traders
For individuals, self-employed persons and sole traders, German law provides for the possibility of obtaining Restschuldbefreiung, i.e. discharge from remaining debts at the end of the proceedings.
We offer preliminary support and guidance in relation to:
In particolare accompagniamo imprenditori individuali e professionisti nella comprensione delle conseguenze pratiche della procedura e nella pianificazione dei passaggi necessari per una ripartenza economicamente sostenibile.
- Assessment of entry requirements
- Preparing the necessary documentation
- The debtor’s obligations during the proceedings
- Management of relations with creditors and trustees
- Duration of the procedure and related timelines;
- Economic prospects following debt discharge.
A practical approach tailored
to the needs of the business
Crisis management requires speed, clarity and the ability to coordinate legal,
economic and operational aspects. Our firm offers practical support during the initial phase of analysis
and guidance, helping businesses and entrepreneurs to understand the possible strategies and to liaise
with the professionals and bodies involved.
The experience gained by our solicitors working alongside practitioners in the restructuring and
insolvency sector enables us to tackle even complex situations with a pragmatic,
transparent approach that focuses on the needs of small and medium-sized enterprises under German law.
Contact
How can we help you?

