Stephan advises companies, CROs, business managers, shareholders, supervisory boards and trustees in crisis nationwide.

His legal advice includes the early prevention of crises, restructuring not subject to insolvency proceedings, protective shield or self-administration proceedings, also including the assumption of a position as a corporate body, distressed M&A as well as the assertion/defense of insolvency-related claims.

He can rely on his many years of experience from operating in the insolvency administrator field and with renowned commercial law firms.

Career path

Heading

  • 1993 – 1997   Legal studies in Regensburg, Münster and Munich
  • 1997 – 2000  Research assistant at the chair of Prof. Dr. Gottwald, University of Regensburg
  • 2000                  Dr. jur.
  • 1998 – 2000  Legal clerkship at the Higher Regional Court (OLG) Nuremberg
  • 2001 – 2003  honert + partner
  • 2003 – 2010  PLUTA Rechtsanwalts GmbH
  • 2008 – 2018  Lecturer on credit securities law, University of Regensburg
  • 2010 – 2014   Noerr LLP, Associated Partner
  • 2014 – 2020  BBL Bernsau Brockdorff, Partner
  • Since 2021      KJK Kolmann Jakobs Kramer, Partner

Special competences / references

  • Internationally operating company in the event sector: Assistance in matters of corporate and restructuring law in connection with a comprehensive recapitalization and reorganization of a group of companies
  • Internationally operating group of companies in the infrastructure sector: Corporate reorganization including termination of inter-company agreements, ringfencing of risks, COMI transfer, carve-out and divestment process and liquidation of companies
  • Internationally operating group in the construction sector: Advising the shareholders on the refinancing and reorganization of the group
  • Restructuring of a medium-sized supplier company in the field of plant engineering / automotive supplier as a general representative by way of a self-administration with an insolvency plan
  • Restructuringof a real estate company in self-administration with insolvency plan solution
  • PE fund on the corporate and tax restructuring of the international group
  • Advising a family office during the restructuring process of the internationally operating group of companies (communication technology), including M&A projects and renegotiation of credit agreements
  • Advising on the restructuring and sale process of a leading animal breeding group (out-of-court restructuring with high complexity in the financing field)
  • Sale of a maintenance company in the railroad sector
  • Advising the insolvency administrator of a national daily newspaper on the sale of the publishing and printing operations
  • Internationally operating group of companies in the field of special machine construction/automotive in self-administration with reorganization of the group and acquisition by various investors
  • Advising a stock-listed media company in crisis
  • Advising various automotive suppliers during the crisis
  • Various mandates in the context of insolvency-related defense against liability claims against managing directors,supervisory bodies and shareholders; industries: automotive, renewable energy, real estate, fashion, retail
  • Advising on a complex refinancing and restructuring of a market-leading company in the automotive sector, including debt relief
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More about me

Memberships

  • TMA
  • INSOL Europe/International
  • Working Group on Insolvency Law and Restructuring in the German Bar Association
  • Wissenschaftliche Vereinigung für Internationales Verfahrensrecht e.V
  • Supervisory and advisory board activities

Awards

  • TOP Lawyer - Restructuring 2021 (Wirtschaftswoche)
  • TOP Lawyer - Restructuring 2022 (Wirtschaftswoche)
  • TOP Lawyer - Restructuring 2023 (Wirtschaftswoche)
  • TOP Lawyer - Restructuring 2024 (Wirtschaftswoche)
  • One of the most renowned restructurers (WiWo)
  • Often recommended (JUVE: “very hands-on, pleasant cooperation”)
  • Recognized by BestLawyers and Handelsblatt

Year of joining KJK

2021

Selection of Publications

  • Cooperation models in international insolvency law (original title in German: Kooperationsmodelle im internationalen Insolvenzrecht), 2001
  • The GmbH in crisis (original title in German: GmbH in der Krise), in: Gottwald, Insolvenzrechtshandbuch, Verlag C.H. Beck, 5. ed. 2016; 6. ed. 2020
  • International Insolvency Law (original title in German: Internationales Insolvenzrecht), in: Gottwald, Insolvenzrechtshandbuch, Verlag C.H. Beck, 4th ed. 2012, 2012, 5th ed. 2016, 2016, 6th ed. 2020
  • External financing of shareholders (original title in German: Gesellschafterfremdfinanzierung), commentary in: Saenger/Inhester, HK-GmbHG, Nomos-Verlag, 1st ed. 2010, 2010, 2nd ed. 2013, 2013, 3rd ed. 2016, 2016, 4th ed. 2012, 2020
  • Crisis and insolvency-related duties of managing directors (§ 15a InsO, § 64 GmbHG, etc.) (original title in German: Krisen- und insolvenzbezogene Geschäftsleiterpflichten), in: Saenger/Inhester, HK-GmbHG, Nomos-Verlag, 1st ed. 2010, 2010, 2nd ed. 2013, 2013, 3rd ed. 2016, 2016, 4th ed. 2012, 2020
  • Protective shield proceedings (original title in German: Schutzschirmverfahren), ZIP-Praxisbuch, RWS-Verlag 2014
  • Revocatory Action (original title in German: Insolvenzanfechtung), in: Servatius, Corporate Litigation, RWS-Verlag, 1st ed. 2010, 2016, 2nd ed. 2013, 2021
  • Liquidation (Sections 66 et seq. GmbHG), in: Saenger/Inhester, HK-GmbHG, Nomos-Verlag, 1st ed. 2010, 2nd ed. 2013, 3rd ed. 2016, 4th ed. 2020
  • Regular lectures, seminars and panel participation on various topics at the nexus between corporate/insolvency/reorganization law/financing

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