Restructuring - back on the road to success

Digitalization, globalization and the consequences of the COVID 19 pandemic such as inflation and price increases are accelerating economic change, particularly for SMEs. Virtually no industry remains untouched by disruptive external forces that challenge established business models. Typical consequences are declines in turnover, excessive debt, liquidity problems, the loss of top performers and refinancing risks.

Dealing professionally with existential challenges is a core aspect of our daily work. We accompany companies in phases of change, develop future-orientated strategies, realign organizations and stabilize their financing. 

Our priority lies in identifying levers that promise a rapid, positive effect. In doing so, we combine our extensive range of tools and experience  with your company-specific knowledge. Together, we navigate your company successfully out of the crisis with a future-oriented concept tailored to your company.

Our key competencies

Brief business reviews (IBR) and planning plausibility checks

With the help of our brief analysis, the so-called "Independent Business Review" (IBR), we obtain an overview of the state of your company in terms of strategy, operations and finances. The component of the IBR is the plausibility check of the company's key figures together with the submitted budgeted accounts. We have the necessary methodological knowledge and expertise to create short-term and reliable transparency for all those involved. For this 

  • we verify the submitted planning data for 4.04.0consistency 
  • we review the planning assumptions using historical data, market data and benchmarks
  • we assess the existing planning methodology and tools. 

With our integrated planning system LucaNet, we are able to build efficiently integrated planning models and map different scenarios. 

The evaluation of the service portfolio, the core processes and the cost structures within the framework of an IBR provide valuable starting points for securing earnings and liquidity. 

Forecasts of continued financial viability

In special situations, it may be necessary to assess solvency and debt status to mitigate potential  obligations to file an application. The primary goal is to protect you, as a corporate entity,  from legal liability or contestation risks and to provide stakeholders with a robust framework for further action. 

We support you in the assessment of solvency and over-indebtedness, usually in accordance with the IDW S 11 standard. In doing so, we review the liquidity situation on the reporting date in a 3-week and 13-week plan. If required, we can extend the assessment to up to 24 months within the framework of integrated corporate planning and jointly define measures to close any financing gap. Additionally, if necessary, we will assist you in assessing the formal rights and obligations, also with the involvement of a lawyer specializing in insolvency law.

Restructuring concepts

When financial difficulties arise and restructuring becomes necessary, a restructuring concept forms the formal basis for decisions by the financing partners. It also serves to protect the management, supervisory boards, suppliers, credit insurers and other stakeholders from avoidance and liability risks. 

As an independent management consultancy, we specialize in crafting restructuring concepts and experts reports in alignment with the highest court rulings, adhering to the IDW S 6 standard. In addition to the ability to continue as a going concern, we assess the competitiveness of our clients. This is based on a plausibility check of the company's key figures, interviews and workshops with the management as well as market analyses and benchmarks. 

In accordance with the requirements of the IDW S 6, we prepare an integrated budget calculation including detailed monthly planning for individual companies and consolidated for a group of companies. Also included is a detailed program of measures as a basis for successful implementation. Our restructuring concepts are characterized by a convincing, strategic approach, practice-oriented measures and a realistic integrated budget calculation. 

Preparation of insolvency plan concepts

As operational restructuring specialists, our preference is always  a solution outside of court proceedings. However, if a liquidity crisis is far advanced or legal restrictions stand in the way of an out-of-court solution, we can examine options within the framework of court proceedings and accompany the restructuring operationally - for example by using own administration concepts

Option analyses
We assess whether insolvency-related proceedings can be considered for your company or if alternative options would be more advantageous. Using a so-called insolvency quick check, we simulate a possible outcome of the proceedings (including creditor ratios and an assessment of an insolvency plan) and compare this with out-of-court restructuring. This provides you as a managing director or shareholder with all the information you need to make decisions, including quantitative earnings, liquidity, and equity ratios. 

Certificates according to § 270a-g InsO and support in opening proceedings
In the event of impending insolvency, the so-called protective shield procedure in particular is a sensible  optionwith well-founded advantages over standard insolvency. For this purpose, bachert&partner prepares a certificate in accordance with § 270b InsO, which meets the formal requirements of the parties involved and the courts. The trusting interaction between the managing director, the insolvency-experienced self-administrator, the administrator and the creditors' committee ensure a procedure without debt collection.

Commercial procederal support (reporting, liquidity planning) 
bachert&partner accompanies the self-administration in all commercial issues, in particular in the context of weekly-based reporting and liquidity planning, taking into account the contents specific to the proceedings. Other activities include providing regular status information to banks and the creditors' committee, designing and initiating the necessary operational restructuring measures, and negotiating with customers, suppliers and employees. 

Preparation of insolvency plan concepts
In contrast to the transferred restructuring within the framework of an asset deal, the insolvency plan aims to maintain the company in its existing constellation. For this purpose, a so-called insolvency plan must be submitted to the court after the opening of the proceedings and brought to a vote in the creditors' meeting. The legal part of the insolvency plan is drawn up by the authorized representative. On the basis of its restructuring and planning expertise, bachert&partner can quickly and reliably draw up the necessary business management part, among other things: 

  • Preparation of the restructuring approach (mission statement, program of measures) 
  • Integrated planning including program of measures
  • Forecast of the continued existence of the restructured company before and after the termination of insolvency proceedings 

Purchase/liquidity management
A central element of every insolvency procedure is a release process for orders and payments that is coordinated with all controlling bodies. In this case,  we support you with an audit-proof process and database tools set up specifically for this purpose. The orders and payments are checked operationally, coordinated with own and property management and administered via a central database with interface solutions also for liquidity planning.

Implementation support

The operational implementation of the agreed measures does not have to be solely your responsibility. If required, we will implement the Project Management Office (PMO) with a clear meeting and reporting structure to ensure sustainable success. We introduce metrics that help you to reliably prove and document the success of your implementation. In complex restructurings, we use proven measure management tools such as Falcon or inAir.  

We can arrange or provide interim managers for the strategic realignment of your company or in the management of individual departments upon request. Our experts have many years of industrial experience - corresponding references and extensive competencies in commercial management, purchasing, logistics, production and service are available. 

Optimal return on restructuring through speed and implementation strength

Restructuring return on investment

Together we ensure that your company returns to competitiveness and operates profitability. The consulting project must offer a calculable added value for the involved stakeholders. 

 

Financing

The consistent exploitation of internal financing potential is our top priority. We win over existing and new financing partners witch a convincing concept to accompany the restructuring phase. 

Speed and strength of implementation

Speed and strength of implementation are the key levers for successful restructuring. According to the motto "restructuring = implementation", we initiate immediate measures to secure liquidity and stabilize the business. 

 

Our contact persons

Steffen Wagner
Partner
 

Dr. Volker Hamm
Partner
 

Helge Hoffmann
Partner