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Dr. Franz Bernhard Herding

Biography

Franz Bernhard is a German Rechtsanwalt and Co-Head of German Restructuring.

He focuses on restructurings and insolvency law; in addition, he advises on many aspects of banking and finance law, for instance on sophisticated acquisition, corporate or borrowing base financings. As an acknowledged expert in the fields of financing and restructuring, Franz Bernhard has been advising corporates, lenders or investors for many years in refinancing and crisis situations and on the preparation, negotiation and implementation of complex and international restructuring concepts, for instance by way of an out-of-court "consensual" restructuring or debtor-in-possession (Eigenverwaltung) or other court proceedings. He regularly represents creditors in large corporate insolvencies and protects his clients' interests in creditors' committees.

Franz Bernhard lectures, for instance at Bucerius Law School and at the Institute for Law and Finance, and regularly speaks and publishes on finance and insolvency law issues. His current focus includes the restructuring of Schuldschein loans, the preventive restructuring framework (StaRUG), the issues of application and recognition in connection with Dutch schemes and UK restructuring plans, but also private debt and direct lending in distressed situations.

Franz Bernhard studied law at the University of Paris (Université René Descartes) and the University of Münster. While writing his doctoral thesis, he worked on corporate law issues for Prof. Dr. Wolfram Timm (Institut für Deutsches und Europäisches Unternehmensrecht, Münster). Afterwards, he spent his legal clerkship at the Berlin Higher Regional Court.

Practice areas

  • Finance
  • Capital solutions
  • Restructuring insolvency and capital solutions

Sectors

  • Banks
  • Infrastructure and transport
  • Shipping
  • Private capital
  • Consumer and retail

Selected experience

  • GERRY WEBER International AG on the comprehensive restructuring in a self-administered insolvency process, in connection with the financing and on ongoing financing and corporate law issues.
  • The key financial creditors of the Wirecard group in connection with stabilising the group following a covenant breach and the subsequent insolvency proceedings as well as representing one financial creditor as member in the preliminary creditors Committee.
  • A European banking consortium comprehensively on the restructuring of the Fintyre group, in particular the insolvency of the German and English Fintyre companies, the disposal of Reiff Reifen to Bridgestone as well as the restructuring of the Italian branch of the Fintyre Group by way of a concordato in bianco proceeding.
  • Ongoing advice to a syndicate of banks relating to A1 Mobil, the operator of the toll motorway section between Bremen and Hamburg, in connection with the ongoing consensual restructuring.
  • GERRY WEBER in connection with its comprehensive financial and corporate restructuring process, which also covered Schuldschein tranches held by a large number of lenders.
  • A European banking syndicate on the insolvency of the German and UK Fintyre companies as well as the restructuring of the Italian branch of the Fintyre Group.
  • A banking group in connection with the Wirecard restructuring.
  • A banking group in connection with the insolvency of the Thomas Cook group and the protective shield procedure of Condor.
  • Direct lenders in connection with distressed refinancing and restructuring transactions regarding group companies headquartered in Germany.

Education

  • First German Law Degree, 2001
  • Dr iur, Westfälische Wilhelms University of Münster, Germany, 2004
  • Second German Law Degree, 2005

Admissions

  • Referendar, Germany, 2003
  • Assessor, Germany, 2005

Languages

  • English