Restructuring, Insolvency

Dirk Schoene is a partner in Dentons’ Berlin office. He advises on restructuring, insolvency law, banking and finance, securities and litigation.

In restructuring matters, Dirk advises companies, directors and shareholders in restructuring processes of distressed companies to avoid insolvency proceedings and to prevent personal liability risks for directors. This includes legal advice and administration of trusteeships (double-sided trusteeships). If insolvency cannot be avoided, he has strong experience advising on the successful restructuring in the context of a protective shield proceeding (Schutzschirmverfahren) as well as debtor-in-possession proceedings (Eigenverwaltungsverfahren) with a focus on restructuring by means of an insolvency plan. His capabilities extend to advising hospitals in debtor-in-possession proceedings.

Dirk is also fully experienced in representing potential investors and sellers (including insolvency administrators) in the M&A process regarding the sale or acquisition of companies in distressed situations or in insolvency proceedings. He also regularly advises banks, institutional investors and other secured creditors (including suppliers) on the implementation, administration and realization of securities in distressed situations or insolvency proceedings.

In insolvency proceedings, Dirk supports and represents creditors and has particular insight in developing a defense against Paulian actions, and in creditors’ committees (Gläubigerausschüsse). He regularly advises Dentons GmbH Wirtschaftsprüfungsgesellschaft Steuerberatungsgesellschaft as a common representative (Gemeinsamer Vertreter von Anleihegläubigern) in insolvency proceedings.

The main focus of his publications is distressed M&As and debtor-in-possession proceedings under German Insolvency law.

Admitted to the bar, Germany, 2005

Legal clerkship, 2003-2005

Martin-Luther-University of Halle-Wittenberg, 2003, Legal studies