Services for insolvency practitioners

Operational support for insolvency practitioners.

Fast. Accurate. Professional.

Before and after filing for insolvency, companies are often under considerable time pressure. Initially, there is a high level of uncertainty among all parties involved. On the one hand, it is essential to stabilise day-to-day operations in order to preserve as much value as possible. On the other hand, unusual business decisions may need to be taken for the same reason or to safeguard creditors’ claims.

The (provisional) insolvency administrator must act swiftly and judiciously. We support insolvency administrators in such situations in the day-to-day management of insolvency proceedings, both strategically and operationally.

We are happy to take on insolvency-specific tasks, operating either as an integral part of the organisation or as a link between the insolvency administrator, the company and external stakeholders (customers, suppliers, investors, etc.).

Specialising in crisis and insolvency situations, we offer a wide range of insolvency-specific services backed by in-depth methodological expertise and management skills. In addition, we regularly assist leading law firms in managing and conducting insolvency proceedings, take on operational tasks and help with estate optimisation.

The following areas of expertise are frequently requested by our clients:

Quick assessment of the company’s viability Preparation and validation of viability plans
Expert reports to determine insolvency / over-indebtedness in accordance with IDW S11
Liquidity planning / monitoring in insolvency proceedings
Controlling and reporting
Management of the ordering and approval process
Preparation and review of insolvency plans
Preparation and review of restructuring concepts
Operational continuation during insolvency / interim management
Asset optimisation through professional distressed M&A processes
Employee share ownership schemes and staff initiatives

Relieve the burden on administration and management. Steer processes more confidently. Preserve value.

In the first phase, speed, reliability and structure are key. Our portfolio combines rapid analysis, robust planning and clean execution, coordinated with the court, creditors and the business.

Our service modules demonstrate how we drive proceedings forward in a structured manner and relieve insolvency administrators of operational burdens:

Speed, clarity and reliability are particularly important in legal proceedings. We take the pressure off where swift, sound decisions make all the difference.

The aim of the Quick Check or brief analysis is to identify the company’s strengths and weaknesses as quickly as possible. The focus is on identifying the key risks to the company’s development and the greatest potential for turnaround, and on identifying possible courses of action.

The viability of companies in insolvency situations must be determined at the very outset of proceedings. Thus, the insolvency law prognosis regarding the company’s continued existence or viability (section 19 InsO) forms the starting point for assessing over-indebtedness. This prognosis is not met if, given the circumstances, the continuation of the company is deemed to be highly probable.

In the Quick Check, we generally focus on key issues in order to assess the potential for the business to continue:

Identifying the causes of the crisis and determining the stage of the crisis
Assessing the current financial status and providing a short-term liquidity forecast
Overview of the current economic circumstances, taking into account the earnings, asset and financial position, as well as market and competitive position
Definition and initial feasibility assessment of alternative courses of action and measures

This initial rapid analysis already provides significant indications as to whether and how the company can continue operations or be restructured through (provisional) proceedings.

The successful administration of insolvency proceedings requires efficient processes and complete traceability.

TMC establishes streamlined, reliable processes and manages them throughout the proceedings – whether before, during or after the commencement of insolvency proceedings.

Standardised ordering and approval process
Liquidity planning and monitoring (including a 13-week forecast)
Controlling systems for process management and reporting
Documentation for insolvency administrators, courts and creditors’ committees
Identification of potential grounds for avoidance
Preparation of financial information for decision-making

This standardisation reduces risks during the proceedings and significantly eases the burden on operational management. Our support also includes the preparation of audit-proof documentation and close coordination with the law firms involved.

Insolvency often involves the sale of the entire business, individual companies within the group, or even specific divisions, in the form of a share or asset deal.

The insolvency administrator is obliged to realise the company’s assets in the best possible interests of the creditors, thereby maximising the insolvency estate.

We structure and prepare distressed M&A processes and subsequently support the implementation of the transaction in collaboration with our subsidiary CVM Capital Value Management.

The experienced teams of advisers at both firms combine expertise in insolvency, crisis management and restructuring with transaction expertise in special situations. Project management of the entire M&A process is led by a partner and encompasses all activities:

Preparation of outreach materials for potential investors (teasers, information memoranda and management presentations)
Identification and approach of potential investors (strategic and financial investors)
Organisation and support of company visits and management presentations
Management of the data room and coordination of the Q&A process; evaluation of indicative and binding offers
Support for the insolvency administrator in investor discussions and purchase agreement negotiations

TMC works closely with insolvency practitioners, law firms and management teams.

We establish clear fixed-date meeting structures, deadline calendars, standardised templates, as well as audit-proof documentation and data rooms.

The aim is a smooth process with clear responsibilities, robust communication and proper record-keeping.

From the first day of insolvency until the proceedings are lifted or terminated. As business consultants, we ensure that all work packages are carried out in a targeted, legally compliant and efficient manner.