File correctly, on time, and protect yourself.
When insolvency occurs, managing directors face a strict statutory duty to file. Doing it correctly — and at the right moment — limits personal liability, preserves restructuring options and protects the going concern. Doing it late can be a criminal offence.
A legal duty — and a strategic decision.
Under German law, the management of a limited-liability company must file for insolvency once the company is illiquid (zahlungsunfähig) or over-indebted (überschuldet). The deadlines are short and strict: at the latest three weeks for illiquidity and six weeks for over-indebtedness.
Missing these deadlines (Insolvenzverschleppung) exposes directors to personal liability and even criminal sanctions. But filing is not merely an obligation to discharge — it is a strategic crossroads. The type of application you make shapes everything that follows.
A filing combined with a request for self-administration or accompanied by a prepared insolvency plan can keep management in control and set the course for a successful restructuring. We ensure the filing is complete, correct and strategically positioned.
Strategic advantages for management and stakeholders
Limit personal liability
Timely, correct filing protects directors from personal and criminal exposure.
Preserve options
The right form of application keeps self-administration and plan procedures open.
Protect the going concern
A well-prepared filing can stabilise operations rather than trigger collapse.
Clarity on deadlines
We assess illiquidity and over-indebtedness precisely so timing is never in doubt.
Stakeholder management
We coordinate communication with employees, creditors and the court.
A platform for restructuring
Filing becomes the entry point to a structured turnaround, not the end of the road.
A structured path from distress to stability
Status assessment
We determine whether illiquidity or over-indebtedness exists and when the clock started.
Strategic positioning
We decide the optimal application: standard, self-administration or with a prepared plan.
Preparation & filing
We assemble a complete, accurate application and file with the competent court.
Transition
We guide the company into the chosen procedure and the restructuring that follows.
Is this the right instrument for you?
This approach is typically suited to companies that recognise the following signals early enough to preserve their options.
- Directors uncertain whether the filing duty has been triggered
- Companies that are already illiquid or over-indebted
- Boards seeking to limit personal liability exposure
- Situations where self-administration should accompany the filing
- Cases where a pre-packaged insolvency plan is feasible
Frequently asked questions
How long do I have to file?+
At the latest three weeks after illiquidity occurs, and six weeks after over-indebtedness. These are maximum periods — you must file without undue delay, which can mean sooner.
What happens if I file too late?+
Delayed filing (Insolvenzverschleppung) can lead to personal liability for directors and criminal sanctions. It also narrows the restructuring options available.
Does filing mean the end of my company?+
Not necessarily. A filing combined with self-administration and an insolvency plan is frequently the start of a successful restructuring that preserves the business.
Can you file on our behalf?+
We prepare and structure the application with you, ensure it is complete and correct, and position it strategically for the procedure you intend to pursue.
Nicht jede Krise erfordert eine Insolvenz.
Oft bestehen mehr Handlungsmöglichkeiten, als Unternehmer zunächst vermuten. In einem vertraulichen Gespräch analysieren wir Ihre Situation und zeigen auf, welche Sanierungsinstrumente realistisch zur Verfügung stehen.
Vertrauliches Erstgespräch vereinbaren