Restructuring & Insolvency

Mission Statement

Various kinds of crises require actions by debtors (legal entities, individuals) and creditors (banks, suppliers, customers, employees) to prevent other negative developments, ideally to fully prevent unfavorable developments by preventive actions. In this context the fwp legal experts advise the stakeholders involved (legal entities, individuals, banks, suppliers, customers, employees) in all stages of the crisis under the aspect of a customized, out-of-court, or judicial restructuring and reorganization concept. A special focus will be on drafting and implementing out-of-court restructuring concepts which are feasible from a legal, financial, and operational point of view. We advise our clients at the interface, in particular with respect to special provisions in difficult situations (D&O liability, equity substitution law, avoidance law, distressed M&A) and in all legal fields which may be relevant in the case of restructuring. fwp will also represent you in proceedings before national and international courts of law and arbitral tribunals.

Key Services and Practice Areas

Supporting Out-of-Court Restructurings

• Stand-still agreements
• Restructuring agreements 
• Reorganization financing
• Bail-in and debt-equity instruments
• Limited recourse
• Restructuring and reorganization proceedings
• Distressed M&A transactions

Supporting Judicial Reorganizations

• Handling and reorganization planning
• Insolvency petitions
• Continuing businesses as a going concern
• (Partial) Liquidation scenarios
• Performance and rescission of contracts
• Representation in insolvency court hearings
• Asserting claims in insolvency proceedings (claims under insolvency, claims for separation and recovery

D&O Liability

• Assertion and defense of claims
• Liability for delaying the filing for insolvency
• Payment ban
• Claims of the Austrian Health Insurance Fund (ÖGK) and the tax office

Equity Substitution Law

• Financing in difficult situations
• Repayment ban
• Subordination

Avoidance Law

• Assertion and defense of claims
• Avoidance-proof design of transactions and contracts

Distressed M&A

• M&A transactions in difficult or crisis situations

Cross-Border and International Restructuring & Insolvency

• Supporting out-of-court restructurings
• Supporting judicial reorganization or insolvency proceedings

Attorneys

Markus Fellner, Partner
Florian Kranebitter, Partner
Katharina Dobkiewicz, Attorney
Elisabeth Fischer-Schwarz, Attorney
Florian Henöckl, Attorney
Walter Dorigatti, Attorney