Expert advice for energy trading and clawback actions in insolvency
Schäfer Rechtsanwälte law firm
A warm welcome to the website of Schäfer Rechtsanwälte, your specialised law firm for SME energy trading, clawback actions in insolvency and motor vehicle accident claims handling.
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Expert advice for energy trading and clawback actions in insolvency
A warm welcome to the website of Schäfer Rechtsanwälte, your specialised law firm for SME energy trading, clawback actions in insolvency and motor vehicle accident claims handling.
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Expert advice for energy trading and clawback actions in insolvency
A warm welcome to the website of Schäfer Rechtsanwälte, your specialised law firm for SME energy trading, clawback actions in insolvency and motor vehicle accident claims handling.
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Your rights. Your money.
Your business.
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As a specialist firm, we protect what you have built.
In energy tax refunds, insolvency clawback challenges, receivables management, creditor protection, overfill damage, employment law, and corporate sales. Clear, consistent, on your side.
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Do you recognize any of these challenges?
In day-to-day business, situations arise that require fast and specialized action. Situations where your very existence may be at stake. We know these challenges – and the ways to solve them.
Energy tax law
A customer doesn’t pay – and you’ve already remitted the energy tax
When payments default, you not only lose the receivable but also the energy tax you have already paid. The legislator provides relief options – but only those who know the procedure exactly and follow it flawlessly get their money back.
Sale of a business
You want to sell your company – but don’t know what it’s worth or who would buy it
The energy trade is consolidating. Many business owners face the question: sell now or carry on? Without a realistic valuation, access to buyers, and legally watertight contracts, a lot of money is left on the table – or the sale fails altogether.
Insolvency clawback
An insolvency administrator demands repayment of money you earned long ago
Insolvency clawback often hits businesses completely unprepared. Suddenly you’re expected to repay payments dating back years. Many pay too quickly – even though the claim could be challenged. Defending against it requires in-depth knowledge of BGH case law.
Creditor protection
A key customer is in crisis – and you don’t know whether you should continue supplying
Keep supplying and bear the risk? Or stop and destroy the business relationship? Either can end up costing you dearly. The solution lies in a legally sound structure that enables securing receivables and continued supply – without falling into the trap of subsequent clawback.
Employment law
You need to part ways with an employee—but you can’t afford a defective dismissal
In employment law, deadlines expire quickly, and mistakes have immediate financial consequences. An invalid dismissal means continued employment, back pay, and often an expensive settlement. Or you are an employee and have just received a notice of termination—then you have only three weeks.
Overfill damage
A tanker truck caused damage – and suddenly six-figure claims are on the table
When hazardous goods escape unintentionally, costs can skyrocket quickly. Experts produce reports that often determine the outcome. If your lawyer doesn’t understand the technology – from limit switches to LORO-X connections – they can’t effectively challenge the expert.
Receivables management
Customers don’t pay—and your debt collection agency can’t make progress
Outstanding invoices tie up liquidity and fray nerves. Traditional debt collection agencies send reminders—but if the debtor doesn’t respond, often nothing happens for months. After all, debt collection agencies profit from delays, not from a quick solution.
How we solve these challenges
The answer is simple: specialization. Since 1995, we have been advising the energy trade. In this sector, we know every legal, tax, and economic particularity – from energy tax law and overfill damage to the sale of a business.
But true specialization means more than industry knowledge. It means immersing ourselves so deeply in each area of law that we not only know the case law, but help shape it. This applies to insolvency clawback, where we have been successfully fending off claims for years. To receivables management, where we work with a success rate of 85–90%. To creditor protection, where we develop structures that protect against later clawback actions. And to employment law, where we represent employers and employees alike.
This focus makes the difference: We don’t work broadly, but deeply. And that is precisely why we can deliver solutions others don’t see.
Energy tax law
We recover your energy tax
We have been dealing with energy tax relief since 1995. We know the entire body of case law of the tax courts and the BFH in detail – many relevant judgments we won ourselves. Our standardized processes avoid mistakes and ensure that you receive the relief you are entitled to.
Sale of business
We support your sale from valuation through to the contract
Since 1997, we have been supporting business sales in the energy trading sector. Schäfer-Unternehmensberatung GmbH handles valuation and the search for buyers; the law firm handles contract drafting. Thanks to our decades of work in the industry, we know which companies in which locations are potential buyers.
Insolvency clawback
We fend off unjustified clawback claims
We know the Federal Court of Justice (BGH) case law on insolvency clawback in such detail that we can defuse insolvency administrators’ argumentation patterns at the very outset. The 2017 reform and the rulings since then have improved the defense options – but only those who know this development can make use of it.
Creditor protection
We structure continued supply to be clawback-proof
Using the cash payment privilege and by adapting retention of title clauses, we structure supply in a way that prevents you from becoming subject to insolvency clawback. At the same time, we secure your outstanding receivables. We regularly implement this strategy successfully.
Employment law
We represent both sides – and therefore know every perspective
We advise employers on drafting contracts and preparing for termination. We represent employees in unfair dismissal claims and termination agreements. This experience on both sides makes our advice more precise – we know the other side’s typical mistakes.
Overfill damage
We understand the technology—and can refute expert opinions
Since 1995, we have handled overfill damage cases. At our firm, the rule is: every lawyer spends at least one day riding along with a mineral oil trader. We know the storage and transport technology, were involved in TRwS 791, and overturned judgments at the Munich Higher Regional Court (OLG München) that experts considered watertight.
Receivables management
We recover your money – quickly and consistently
As attorneys, we can file suit immediately if the debtor does not pay. Collection agencies can’t do that. In 95% of cases, we act the very same day. Our success rate is 85–90%. And: the debtor bears our costs. If we don’t succeed, you pay only a €100 flat expense fee.
What our clients say
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Client
Managing Director, SME sector
Mr. Schäfer knows the BGH case law on insolvency clawback claims in such detail that he can refute the insolvency administrators’ lines of argument right from the outset. That makes the difference.
Client
Entrepreneur
We already had another lawyer who advised us to accept the challenge. The firm took over the case, completely changed the strategy, and concluded the claim in court with a very good settlement .
Client
Company owner
What convinced us was the speed and depth of the analysis. Within a few days, we had a clear assessment and a strategy. That took a huge amount of uncertainty off our shoulders.