Franz Kleinschmidt|Counsel
Publications
| 2020 | Gutglaubensschutz nach § 82 InsO zugunsten eines E-Geld-Instituts | |
|---|---|---|
| 2021 | Anforderungen an einen Gläubigerantrag – Beweisbarkeit des Eröffnungsgrunds bei mehreren gleichgelagerten bestrittenen Forderungen | |
| 2021 | Aktuelles zum insolvenzrechtlichen Gutglaubensschutz eines E-Geld-Instituts |
- Admitted to the Bar November 2016, joined ARNECKE SIBETH DABELSTEIN in 2022
- Practice Areas: Advising on the initiation and filing of insolvency proceedings, in particular in self-administration, advising on the enforcement of claims and rights to separate satisfaction in insolvency proceedings, in particular with cross-border implications, defence and enforcement of liability and clawback claims, drafting of liquidation and continuation agreements, in particular in the automotive, aviation, IT and retail sectors, advising on the sale of assets and companies in distressed situations, drafting of insolvency and restructuring plans, legal support of interim managers/CROs in the context of corporate restructuring.
- Work experience: Eversheds Sutherland, Associate (2016-2020) and Senior Associate (2020-2022) for restructuring, reorganisation and insolvency. Innovatis Restrukturierung GmbH (2021), Secondee
- Studies at, inter alia, Humboldt University Berlin and the University of Potsdam (2008-2013)
- Legal clerkship at CMS Hasche Sigle and a renowned law firm in Los Angeles, USA, among others (2014-2016)
More information
- Languages: German, English, Spanish
- References:
- Advising on the restructuring of a real estate group known in the market, in particular on its individual projects in crisis.
- Ongoing advice to a British industrial real estate group as landlord on the enforcement of its rights and securities in insolvency (plan) proceedings
- Advising an investor on the acquisition of real estate in respect of a renewable energy company in the context of insolvency plan proceedings
- Legal support of a British institutional creditor in the context of an insolvent group of companies in the real estate sector
- Advising on the sale of real estate in the context of a non-profit association structure with regard to insolvency proceedings in self-administration under resolution of the pre-emption rights of third parties
- Advising the shareholder with regard to the overall sale of its real estate together with the operational real estate from the insolvency, including special issues relating to PV systems
- Cross-border legal support of a credit institution as a bond creditor in the Wirecard insolvency
- Legal support of major creditors in connection with the insolvency proceedings of the Air Berlin companies and the insolvency proceeding of Condor Flugdienst GmbH.
- Supporting advice to an OEM in the context of the continuation of an insolvent TIER 1 supplier group.
- Legal support to non-profit companies in filing for insolvency and during the (preliminary) self-administration.
- Supporting advice to Alelion Energy Systems AB in connection with the acquisition of the assets of Caterva GmbH out of insolvency.
- Memberships:
- Berlin/Brandenburg Working Group for Insolvency Law e.V.
- Berlin Bar Association
- German Bar Association – Working Group Insolvency Law and Restructuring
- Working Group Young Insolvency Lawyers
- German Bar Association – FORUM Young Lawyers