Key takeaways:

• Germany amended insolvency regime with effect as of March 1, 2012. A new preliminary creditors’ committee will allow creditors to influence appointment of insolvency administrators.
• By utilizing an insolvency plan it is now possible to achieve a debt to equity swap without approval of existing shareholders which increases the flexibility for insolvency restructurings and gives investors more incentive to invest in the debt of stressed or distressed companies.