The establishment of a “financial status” and – in the case of a negative financial status – a financial plan (over at least four weeks) to assess solvency.
The calculation of the liquidity requirements for (at least) the current and coming financial year, which probably have to be covered (= positive survival prognosis), and – in the case of a negative survival prognosis – the preparation of an asset status to assess over-indebtedness.
Insolvency according to §17 InsO must be excluded. This is the case when due payment obligations cannot or can no longer be fulfilled. Clear indications of this are shown in our illustration on the right .
An over-indebtedness according to §19 InsO must not be the case. This is so if, in the event of a negative prognosis of continued existence, the net assets are negative under the assumption of liquidation values.
Important note on the difference between "insolvency" and "delay in payment".
Attention, legal parlance:
"In principle, a mere delay in payment is to be assumed if the period required for a creditworthy person to borrow the required funds (financial gap) is not exceeded. This is where three weeks seem necessary, but sufficient."
If the reasons for filing for insolvency can be excluded after the preparation of a financial status, a possibly required financial plan and the determination of a positive prognosis for the continued existence of the company, the actual restructuring work begins with the preparation of the restructuring concept.
Our restructuring experts will be happy to explain to you in more detail how well we understand companies in crisis and their associated problems, and how we can generally solve them. Our success rate of over 90% and our recommendation rate of over 95% speak for themselves.