Review and classify the clawback letter
We analyze the insolvency administrator’s clawback demand, review the legal basis, and identify weaknesses in the argumentation that can be used for your defense.
Received an insolvency clawback notice?
We will fend off the claim for you.
A letter from the insolvency administrator demanding repayment in the five- or six-figure range. For business owners, this comes completely out of the blue. After all, you delivered, your customer paid, the transaction was long since completed. And yet you are supposed to pay the money back. This is exactly where we come in.
As a law firm that has specialized in insolvency clawbacks for years, we review your case, develop a clear defense strategy, and consistently enforce your interests—in and out of court.
As a law firm that has specialized in insolvency clawbacks for years, we review your case, develop a clear defense strategy, and consistently enforce your interests—in and out of court.
Why insolvency clawbacks are so dangerous
Insolvency clawback is one of the sharpest instruments in German insolvency law. Since the 2008 financial crisis, it has gained massive importance. Insolvency figures rose, and at the same time the Federal Court of Justice developed case law that put clawback defendants in an extremely difficult position. Companies that had granted their customer instalment payments suddenly faced repayment claims that pushed them into financial distress or even insolvency themselves.
The legislature responded in 2017 with a reform of insolvency clawback law. In practice, however, this reform raised more open questions than it provided solutions. Key terms have still not been clearly defined by the courts to this day. A genuine shift in thinking only came on 6 May 2021, when the Federal Court of Justice, with a new composition of judges, issued a landmark ruling tantamount to a 180-degree turnaround. But the relief did not last long. In the years that followed, the BGH rowed back again on important points.
Despite all the annoyance and effort, we use this situation to implement behavioural and response strategies with our clients for the future, so that such situations do not occur again, or at least so that they can be addressed even more effectively.
The legislature responded in 2017 with a reform of insolvency clawback law. In practice, however, this reform raised more open questions than it provided solutions. Key terms have still not been clearly defined by the courts to this day. A genuine shift in thinking only came on 6 May 2021, when the Federal Court of Justice, with a new composition of judges, issued a landmark ruling tantamount to a 180-degree turnaround. But the relief did not last long. In the years that followed, the BGH rowed back again on important points.
Despite all the annoyance and effort, we use this situation to implement behavioural and response strategies with our clients for the future, so that such situations do not occur again, or at least so that they can be addressed even more effectively.
Experience since the 2008 financial crisis
For over 15 years, we have defended companies against insolvency clawback claims. During this time, we have successfully fended off a large number of clawback demands—both out of court and in court.
Keeping a close eye on Federal Court of Justice (BGH) case law
From the problematic case law prior to 2017, through the reform, to the BGH turning point in 2021 and the most recent rulings: We know how things have developed and use it to strengthen your defense.
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Your defense starts with the right lawyer.
Insolvency clawback is not a standard case. It requires in-depth expertise, experience with constantly evolving BGH case law, and an understanding of the economic circumstances in your industry. That is exactly what we bring to the table. In numerous court proceedings, we have successfully fended off clawback demands and achieved results for our clients that protected their business and their liquidity.
Whether you have just received a clawback letter or want to act proactively: In a personal meeting, we will clarify your situation and show you what options you have.
ContactWhether you have just received a clawback letter or want to act proactively: In a personal meeting, we will clarify your situation and show you what options you have.
What we do for you—specifically.
An insolvency clawback can quickly push your company into financial distress—even if the original payments were entirely regular. The insolvency administrator has far-reaching powers, and without the right defense strategy you may end up repaying money that you are legally entitled to keep. We make sure it doesn’t come to that.
ContactOur advisory approach
Review of the facts alleged by the insolvency administrator
Review of the objective prerequisites for a clawback
Identification of the necessary subjective prerequisites on the client’s side
If there are viable starting points, rejection of the clawback claims
Negotiations with the insolvency administrator
Representation in the clawback proceedings before court
What our clients say
Companies from various industries trust in our experience in insolvency clawback. Because we deliver results, not just case numbers.
Ralf Richter
Mineralöl-Richter GmbH & Co. KGaA, Wemding
We were pursued by an insolvency administrator in the six-figure range. Mr. Schäfer wore down the opposing side in court to such an extent that they ultimately withdrew the lawsuit. He is also always available preventively to safeguard our creditor interests, so that an insolvency clawback does not arise in the first place.
Martin Heins
Mobene GmbH & Co. KG, Essen
Mr. Schäfer is an expert in insolvency clawback law who not only leads seminars on the subject in our association, but has also successfully represented us in various cases and fended off the claims.
Daniela Romanowski
Heinrich Fip GmbH & Co. KG, Osnabrück
Mr. Schäfer represented us—among other things—in a larger insolvency clawback matter. The case initially could not be resolved. Before the Regional Court of Osnabrück, however, he succeeded in having the insolvency administrator’s claim dismissed in full.
Act before the insolvency administrator creates facts.
The sooner you respond to a clawback letter, the greater your room for manoeuvre. In a brief consultation, we analyse your situation, realistically assess your chances, and show you the best way to defend your claims.
Schedule your consultation nowPhone
+ 48 879-325-459
+ 48 879-325-459
E-mail
contact@demo.com
sals@demo.com
Address
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