There are only a few law firms in Germany offer the high degree of specialisation required to capably represent the creditor’s interests in compulsory auctions. We are one of them. Indeed, for years our law firm has specialised in the field of compulsory auctions, in particular on the interests of creditors.
Our experiences have demonstrated that the success of any compulsory auction depends largely on qualified support, including a qualified representation in court proceedings. As such, in addition to offering decisive legal advice throughout the entire proceedings, we recognise that detailed preparation for the court sessions, legal knowledge about the complex proceeding itself, and negotiation skills in court are essential in order to secure the best possible commercial outcome.
Our process involves ensuring that our clients are “in charge” of the proceedings, for example by supervising the redemption of possible senior ranking claims or arrangements with other bidders. Working closely with our clients, we prepare exploitation concepts and assist in the formation of respective exploitation entities. Our services in this regard include the preparation and execution of bidding PoA’s as well as standstill and satisfaction agreements (Liegenbelassungs- und Befriedigungserklärungen).
Besides negotiating with prospective bidders, we provide specific advice on the process of compulsory auctions proceedings and the rules and provisions which need to be adhered to in the course of respective court sessions in order to ensure that only reliable and economically feasible bids are made.
Moreover, we also advise potential bidders, irrespective of their legal form (i.e. private partnerships, limited companies, or foreign entities), which intend to acquire German real estate properties. Further, in order to enforce our clients’ claims in the best possible ways, our services also comprise immediate enforcement proceedings on the side of the creditor.
This approach has been developed by our compulsory auctions department, comprised of both lawyers and paralegals, who work tirelessly to deepen their knowledge and expertise in this area to ensure their client’s success. Due to their efforts we have successfully represented our client’s interests in approx. 1000 compulsory auctions proceedings throughout Germany to-date.