Structure of the law firm

Partners Axel W. Bierbach, Thomas E. Funk, Christian Beutler, Oliver Schartl and Dr. Stefan Debus head the law firm with a total of 40 employees and 9 employed lawyers. The five insolvency administrators, the lawyers Axel W. Bierbach, Oliver Schartl, Thomas E. Funk, Dr. Stefan Debus and Henrik Brandenburg, have for many years been appointed by the Local Courts (Amtsgerichte) in Munich, Rosenheim, Landshut, Nürnberg, Fürth, Ansbach, Amberg, Passau, Ingolstadt, Schweinfurt, Mühldorf, Aschaffenburg, Landshut, Coburg, Kempten, Regensburg, Augsburg, Memmingen, Straubing, Traunstein, Würzburg, Weilheim, Weiden and Meiningen in insolvency proceedings of every dimension. By the restriction of the administrators to a small number of courts, the highest degree of personal processing of the cases by the relevant administrator and high quality work without frictional losses is guaranteed.

PHILOSOPHY

The satisfaction of creditors and the continuation of the company with its employees and the created values is the highest priority. The independence of the administrator and his entrepreneurial outlook are important conditions for this. With rapid and precise planning and decisive action, together with the necessary courage and optimism in implementation, the administrators again and again achieve restructuring successes and well above average dividends for the creditors.

Core capabilities

The law firm Müller-Heydenreich Bierbach & Kollegen specialises in continuing and restructuring insolvent companies.
To achieve this, it is always essential to continue the business during insolvency proceedings to the extent possible while parallel restructuring solutions in the interest of all concerned are devised. The amended German Insolvency Code provides a very favourable legal environment which is skilfully utilised by the law firm’s experienced team to find solutions in close cooperation with the company and other participants.
The law firm’s specialists have been successful in continuing a large number of businesses over many months or even years and securing their business activities in the long-term. Frequently, dividends well above average have been achieved for the creditors.

INSOLVENCY PLAN PROCEEDINGS

A particular strength of the law firm is – apart from classical transferring restructuring – the reorganisation of the business by means of an insolvency plan. Among the many companies the law firm has already restructured through insolvency plan proceedings with retention of the employees are Wienerwald AG (Munich), Kohnle GmbH (Kolbermoor), Meindl/VMR Druck-Gruppe (Munich), DDZ Digitales Druckzentrum (Munich) and Stumbaum GmbH (Munich).

 

The Act to Facilitate the Reorganisation of Companies (ESUG)

The law firm exploits all possibilities provided by the Act to Facilitate the Reorganisation of Companies (ESUG) which came into effect on 1st March 2012. With the introduction of the ESUG, the German legislator intended to provide for better utilisation of restructuring opportunities, the creation of incentives for the earliest possible making of the insolvency application, the restriction of blocking mechanisms and the earlier and more intensive involvement of the creditors in the proceedings. The insolvency plan proceedings and self-administration are strengthened.

Internal and external networks

Müller-Heydenreich Bierbach & Kollegen has an exceedingly well-integrated long-standing team and a large network of law firms, management consultants, restructuring consultants, tax advisors and auditing companies at home and abroad, the benefits of which are particularly evident in the administration of international companies or groups.

The law firm is particularly experienced in processing international insolvency cases e.g. under the application of the European insolvency regulation (EUInsReg). This is illustrated by the examples of the Hettlage KG aA, BenQ Mobile Holding B.V. (Amsterdam), Alkor Venilia GmbH, Second Chance GmbH, Microhandling GmbH, and Republic Retail GmbH proceedings.

Principle of independence

The independence of the insolvency administrator as custodian of the interests of all participants as well as unrestricted availability and commitment to each individual case are equally guaranteed.