The procedure
The sale of the company from insolvency is implemented by means of a so-called "transferable restructuring." After the opening of insolvency proceedings, the profitable parts of the company are transferred to a new company (rescue company). If this step is carried out with the cooperation of the insolvency administrator, the economically interesting part of the debtor company's operating business can be taken over by an investor without incurring liability for the old liabilities of the insolvency debtor.
Our support
WESTFALENFINANZ supports the insolvency administrator in the search for potential buyers. These may be obvious candidates such as suppliers, customers, or competitors, or they may be companies that are interested in a management buy-in, investment companies, or companies from related sectors. The sale of a company out of insolvency offers opportunities for both the insolvency administrator and the purchaser.
The conclusion
The most common scenario in practice is that an investor acquires assets and parts of the business that can be continued profitably from the insolvency administrator via an existing company or a newly founded company. These assets are acquired by means of an asset deal, whereby a corresponding purchase agreement is concluded with the insolvency administrator. WESTFALENFINANZ supports the parties and coordinates a smooth process between the former shareholders, the insolvency administrator, and the investor.
