Dr. Biner Bähr
Biography
Overview
As an insolvency administrator and trusted advisor, Biner assists distressed companies in their efforts to restructure, and to implement proceedings that help secure the best possible future for the business and its employees.
Biner is particularly adept at working with highly challenging group structures. His experience also extends across several different sectors, and he has been involved with the insolvencies of department store group Hertie, energy supplier TelDaFax, furniture manufacturer Schieder, motorcycle clothing and accessories manufacturer Hein Gericke, solar energy company systaic and automotive suppliers Whitesell Germany and Schaidt Innovations.
Biner's knowledge is regularly drawn upon by the investment community, and he regularly consults with national and international strategic and financial investors in connection with the acquisition and restructuring of insolvent companies.
Biner is particularly active in the insolvency profession within Germany and Europe, and is a member of a number of professional associations, including VID Association of Insolvency Administrators in Germany, INSOL and the Association for Restructuring – TMA Germany. He is also a member of the German-South African Lawyers Association.
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Experience
Schaidt Innovations, ongoing
Biner is acting as custodian of Schaidt Innovations, a large automotive supplier, with 500 employees in the south of Germany.
Whitesell Germany, ongoing
Biner is acting as the insolvency administrator of Whitesell Germany, a large automotive supplier, with more than 1,300 employees in four production sites all over Germany.
TelDaFax, ongoing
Biner is acting as the insolvency administrator of the TelDaFax group, Germany's largest independent energy supplier, with more than 700,000 customers and 600 employees and an annual turnover of €500 million.
Frick für Wand und Boden, 2012
Acting as custodian, Biner successfully restructured specialist retail chain "Frick für Wand und Boden", a company with over 80 stores and 350 employees in Germany. Ten weeks after the opening of insolvency proceedings, the creditors' meeting approved an insolvency plan within the context of protective shield proceedings (Schutzschirmverfahren).
Systaic, ongoing
Biner acted as insolvency administrator of systaic, a solar energy company listed on Germany's Prime Standard index.
Hertie, ongoing
Biner was appointed as insolvency administrator over the assets of Hertie, one of Germany's largest department store groups, with 73 stores and 3,500 employees.
"Corporate restructuring with the StaRUG: Opportunities and risks", 26-27 April 2021: FORUM Institut für Management GmbH
"Business model innovation - restructuring radically rethought", 21 September 2018: SRH University Heidelberg, 8th Restructuring Conference 2018, Heidelberg, Speaker
"Business model innovation - restructuring radically rethought", 26 April 2018: 4th Handelsblatt Annual Conference Restructuring 2018, Frankfurt, Speaker
"Business Model Innovation Process – A Viable Instrument in Insolvency Restructuring Proceedings?", 26 September 2017: Handelsblatt Insolvency Convention, Düsseldorf, Speaker
"Thoughts on dissenting creditors’ rights in respect of the introduction of pre-insolvency scheme arrangements in Germany pursuant to EU guidelines", 13 October 2016: Handelsblatt Insolvency Convention, Düsseldorf, Speaker
"Claw-back-risks for energy suppliers", 17 March 2016: BDEW Bundesverband der Energie- und Wasserwirtschaft e.V. (BDEW German Association of Energy and Water E.V), Berlin, Speaker
"Discussion on restructuring prior to insolvency", 16 March 2016: Deutsche Distressed-Assets-Konferenz (German Distressed Assets Conference), Frankfurt, Panelist
"The Case TelDaFax", 5 November 2015: Verband Insolvenzverwalter Deutschlands (Registered Association of lnsolvency Administrators), Berlin, Speaker
"Claw-back-issues in the energy sector", 24 September 2014: Handelsblatt Insolvency Convention, Berlin, Speaker
"Acquisitions within insolvency proceedings", 17 June 2014: BearingPoint Roundtable Distressed Mergers & Acquisitions, Frankfurt, Speaker
"Legal view on trust structures", 31 March 2014: Handelsblatt Insolvency Convention, Berlin, Speaker
Chapter 16 Insolvency Law for Group Companies, Handbuch der Insolvenzverwaltung. Eds. Harro Mohrbutter, Andreas Ringstmeier, Stefan Meyer. Cologne, Vol. 10, pp. 731-816, 2022 (co-author with Daniel Schwartz and Frank Pollmächer)
Chapter 14 Insolvency Plan. Handbuch der Insolvenzverwaltung. Eds. Harro Mohrbutter, Andreas Ringstmeier, Stefan Meyer. Cologne, Vol. 10, pp. 561-674, 2022
Commentary of Sections 47-55 and 165-173 of the German Insolvency Code. Ed. Ahrens/Gehrlein/Ringstmeier, Insolvenzrecht. 4.th ed., 2020 (co-author with Bero-Alexander Lau)
Provisional and partial withdrawal of enforcement of an insolvency plan to prevent the deletion of a notice of conveyance by interim measure. Comment on the Court judgment from the Federal Constitutional Court of 15 May 2020, EWIR, Issue 16, pp. 499–500, 2020 (co-author with Daniel Schwartz)
Collateral in Insolvency and Estate Loans, Praxishandbuch des Restrukturierungsrechts. (Sicherheiten in der Insolvenz und Massekredit). Ed. Rüdiger Theiselmann. Cologne, pp. 1134-1208, 2020 (co-author with Daniel Schwartz)
Commentary on "§ 14 Insolvency Plan", Handbuch der Insolvenzverwaltung. Eds. Harro Mohrbutter and Andreas Ringstmeier. Cologne, pp. 544–648, 2015, (§ 14 Insolvenzplan)
Crisis and insolvency of an insolvency company, Handbuch des Versicherungsaufsichtsrechts. (Krise und Insolvenz eines Versicherungsunternehmens) Ed. Gunne Bähr. Munich, 2011, (co-author with Gunne Bähr)
Leading Individual: Restructuring, WirtschaftsWoche 2024
Leading Individual: Restructuring and Insolvency – Insolvency, The Legal 500 Germany 2024
Restructuring & Insolvency – Germany, Who's Who Legal 2024
Leading Individual: Restructuring & Insolvency, Who's Who Legal: Germany 2023
Leading Individual: Insolvency, WirtschaftsWoche 2022
Best Lawyer Germany in Restructuring and Insolvency Law, Handelsblatt 2021-2024
Legal All Stars 2021 – Insolvency, WirtschaftsWoche
Leading Individual: Insolvency, WirtschaftsWoche Top-Kanzleien 2021
The Legal 500 Hall of Fame, 2018
Financial Times Innovative Lawyers Europe 2018
Leading Individual: Insolvency, WirtschaftsWoche 2020
Leading Individual: Insolvency Administration, JUVE 2019/2020
Leading Individual: Restructuring and Insolvency, IFLR1000 2020, Germany
Leading Individual: Restructuring/Insolvency, Chambers Europe 2019, Germany
