Insolvency law reform in Germany

With the introduction of new regulations in the German Insolvency Code by the Act for the Facilitation of the Reorganisation of Companies (Gesetz zur Erleichterung der Sanierung von Unternehmen (ESUG)) on 1 March 2012 a new chapter has opened in the German insolvency regime, aimed at providing more attractive and effective means to reorganise and rescue insolvent, or nearly insolvent, companies. The improvement of the creditors' influence on the proceedings, together with the extension of the rights and measures that can be taken in the proceedings and by the debtor, has substantially changed the focus of the insolvency regime. German insolvency proceedings can now be seen as a serious competitor in the international restructuring arena.