Volume 12
<nobr>Transferring reorganisation of insolvent companies</nobr>

Wrede

In practice, transferring restructuring has established itself as a procedural objective in the restructuring of companies, as this form of realisation aims to preserve as many parts of the company in crisis as possible and thus opposes the automatic break-up of the bankruptcy code. Furthermore, the transferring reorganisation is very flexible in its application. In addition to implementation in out-of-court proceedings or as part of an insolvency plan, the transferring reorganisation is the most advantageous option in standard proceedings. For this reason, the focus of this paper will be on this form of application of the transferring reorganisation.
Not least due to the legislator's statement that transferring reorganisation is equivalent to liquidation, it is clear that the Insolvency Code attaches great importance to reorganisation. However, there are also regulations that hinder company reorganisation. For this reason, this paper also focuses on the barriers to successful reorganisation, although tax law problems are ignored.

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