Mr Martin Jawansky

Martin Jawansky

Lawyer biography

Martin Jawansky is a counsel in the Frankfurt office. He advises ondomestic and cross-border restructuring transactions, whereby hefocuses on company and insolvency law in his work . He is a specialistlawyer (Fachanwalt) in commercial and company law and has four yearof professional experience as member of an insolvency administration firm.  
Recent experience includes advising:
– a banking consortium on restructuring issues in the context of the implementation of trust arrangements and on extensive restructuring measures concerning a time employment entity 
– on comprehensive restructuring issues  regarding a transfer of a portfolio of EUR 17.5 billion from the former Sachsen LB to an Irish SPV in connection with the establishment of Germany‘s first bad bank through  
– on restructuring issues  involving a ski hall with an adjacent hotel and other facilities
– on the winding up of a holding company as liquidator
– a construction materials group on the restructuring of an equity portfolio   
– a foreign logistic enterprise on company and insolvency law issues in fast-track insolvency proceedings
– on company and insolvency law issues in a lawsuit against  Dr. Jaffé (insolvency proceedings of Qimonda)
– the  Free State of Saxony on the enforcement of claims for damages against the auditor of the former SachsenLB, including the negotiation of a settlement 


Insolvency & Restructuring

ECJ opines on insolvency-related ancillary claims against members of creditors' committees
European Union | June 08 2018

The European Court of Justice recently extended the international jurisdiction of the court where the insolvency was opened through so-called 'annex competence' and insolvency-related 'ancillary claims and proceedings'. This decision clarifies that creditors' committee member activities are inseparably linked with insolvency proceedings and their effects. Although the case at hand viewed the creditors' committee as compulsory, the same should also apply to members of a voluntary creditors' committee.

Restructuring Order applies only where binding ruling exists
Germany | December 15 2017

On February 9 2017 the Great Senate of the Federal Fiscal Court published a decision stating that the Restructuring Order was illegal. On June 27 2017 the legislature introduced new legislation which provides that the tax authorities may waive taxes or assess taxes at a lower level. However, the new legislation can be applied only where creditors have waived their claims after February 8 2017.

New insolvency law for groups of companies finalised
Germany | May 19 2017

The Law for the Facilitation and Management of the Insolvencies of Groups of Companies will enter into force in April 2018. The new law places no emphasis on a consolidation of the insolvency estates of certain group companies. Instead, it firmly sticks to the principle of 'one company, one insolvency proceeding'. Consequently, an insolvency of a group of companies will still lead to multiple individual insolvency proceedings.

Berlin Higher Regional Court takes position on maximum term for bridging finance
Germany | November 11 2016

A German court recently limited the permissible term allowed for bridging finance loans and declared a loan defined as 'bridging finance' to be void for not meeting the permissible term requirements. The court justified its decision by stating that the loan was not aimed solely at bridging a liquidity gap to facilitate the possibility of effectively restructuring the distressed business, but also at ensuring the survival of the business.