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Acquisition out of insolvency - Chances and challenges | Norton Rose Fulbright

Acquisition out of insolvency - Chances and challenges

June 2009


Executive summary


Corporate insolvencies in Germany have hit a new record in 2009, affecting numerous corporates across almost all industry sectors. Against that background, Nico Abel and Karsten Kühnle have published an article in July’s issue of German investor magazine “ M&A  Review”, focussing on buyers willing to acquire an insolvent business from its insolvency administrator. Buyers may enjoy considerable opportunities like a significant discount on the purchase price for the insolvent business, the utilisation of the insolvency administrator's restructuring privileges and the chance to cherry-pick assets without the need to assume related liabilities. The article further elaborates on the most important issues that buyers should consider in their due diligence and the negotiations of a sale and purchase agreement.

Veröffentlicht in: “M&A Review”, Juli-Ausgabe 2009, S. 319- 323.

Autoren: Nico Abel, Karsten Kühnle