Review and adjust T&Cs and contracts
We analyse your existing contract documentation and create the basis to get out of delivery obligations at the first signs of a crisis—legally sound and without breach of contract.
Is your customer in trouble?
Act now—before you go under with them.
When a key customer runs into payment difficulties, you face a dilemma: Keep supplying and bear the risk? Or end the business relationship and write off outstanding receivables? Either option can put your own company at risk.
We will show you a third way: secure receivables, keep supplying possible, avoid clawback risk in insolvency. Fast, legally sound, and backed by experience from numerous crisis cases—most recently the BayWa crisis.
We will show you a third way: secure receivables, keep supplying possible, avoid clawback risk in insolvency. Fast, legally sound, and backed by experience from numerous crisis cases—most recently the BayWa crisis.
Why a customer insolvency hits you twice
If a customer runs into a crisis, you as a supplier are faced with a dangerous situation. Your outstanding receivables suddenly become uncertain. At the same time, you may have contractual delivery obligations that you cannot simply ignore. Every further delivery increases your risk – but stopping deliveries can push the customer into insolvency for good. And with it, your receivables.
The real problem often only comes later: Even if the customer is still paying, in the event of a later insolvency the insolvency administrator may challenge those payments. Then you have to return money you had long since booked. Companies that accommodated a customer in crisis were themselves dragged into trouble as a result.
The solution is not to break off the business relationship or to keep delivering blindly. It lies in a legally sound structure that enables both: continuing to supply under controlled conditions and securing your receivables – without falling into the avoidance trap.
Outstanding receivables at risk
If your customer can no longer pay, secure receivables suddenly become risk positions. Without swift action, there is a threat of total loss.
Delivery obligation versus risk
Contracts may oblige you to continue supplying, even though you know the customer is in difficulty. This conflict requires a legally sound solution.
Risk of clawback of payments
Even payments you have received are not secure. In the event of a subsequent insolvency, the insolvency administrator can contest them and demand repayment.
How to protect your position – without destroying the business relationship
The key lies in swift, targeted action and the right legal structure. Together with you, we develop a strategy that pursues three objectives at the same time: First, we secure your existing receivables as far as possible. Second, we structure continued supply in such a way that it does not expose you to a subsequent insolvency clawback. Third, we create the contractual basis to get out of delivery obligations if the situation escalates.
ContactIn doing so, we use legal instruments such as the cash payment privilege, the adjustment of retention of title provisions, and the targeted design of your T&Cs. These measures must be precisely coordinated with one another—one mistake can undermine the entire protection.
Our services in creditor protection
Every customer crisis is different. But the mechanisms that protect you are proven. We implement them for you—quickly, because every day counts in these situations, and in a legally sound manner, because a mistake can cost you dearly.
ContactOur advisory approach
Recording receivables and ancillary claims during the crisis
Analysis of the business relationship with regard to payments over recent years
Decision on the measures of a restructuring concept
Establishing the prerequisites for a cash payment privilege going forward
Defining the conditions for continuing the supply relationship
Agreement on repayment of the outstanding receivables
Monitoring of repayments and of payments due to continued supply
If the restructuring fails, defence against the insolvency administrator’s claims
What our clients say
Companies from various industries have weathered customer crises with our support—without being adversely affected themselves.
Martin Heins
Mobene GmbH & Co. KG, Essen
Since Mr. Schäfer represents us in matters of energy tax relief and insolvencies, we also turn to him in critical situations ahead of a – possible – customer insolvency. The approaches for dealing with these customers were effective and have protected us from losses.
Richard Lagotka
Knies & Lagotka GmbH & Co. KG, Marburg
To suddenly and quickly have large receivables against a gas station that is continuously supplied, sometimes all it takes is one week. To reduce the balance here and still continue supplying requires skill and in-depth knowledge to avoid legal pitfalls. Mr. Schäfer has both.
Michele Günther
UTA GmbH & Co. KG, Aschaffenburg
A freight forwarding company in crisis accumulated a high six-figure amount, even though we reacted immediately to the first direct debit and blocked cards. Mr. Schäfer managed to ensure that the entire sum was repaid within six months.
Don’t wait until your customer becomes insolvent.
The sooner you act, the more options you have. Once insolvency proceedings have been opened, many doors are already closed. In a brief consultation, we will analyze your situation and show you which steps make sense now.
Schedule your consultation nowPhone
+ 48 879-325-459
+ 48 879-325-459
E-mail
contact@demo.com
sals@demo.com
Address
Libero eros purus
Mauris pede nullam