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Georg Bernsau

Dr. Georg Bernsau is a partner in the Frankfurt office and a member of the restructuring and insolvency law practice group. He is appointed as an insolvency administrator or administrator and is also involved in self-administration proceedings. He has been in charge of complex restructurings and has extensive experience also in cross-border transactions. Georg is considered one of the leading experts in insolvency law. He is a frequently recommended advisor (JUVE Handbook 2020) and is referred to as a core contact, often acting at the interface with corporate, commercial, insolvency and tax law (Legal 500).

Georg is specialist lawyer for tax law and specialist lawyer for insolvency law.

Georg Bernsau has been a partner of K&L Gates since 2020. Prior to that, he was one of the founding partners in a law firm specialising in insolvency law, which was active throughout Germany.

  • Member of the Board and Treasurer of the Society for Restructuring - TMA Deutschland e.V. 
  • Member of the board and treasurer of Forum 270 Qualität und Verantwortung in Eigenverwaltungsverfahren e. V.
  • Member of the VID Association of Insolvency Administrators Germany 
  • "Tax law issues in provisional self-administration", Betriebsberater 2019, 2393
  • "Restructuring without the stigma of insolvency: New EU law enables restructuring with a creditor majority of 75 percent", Börsen-Zeitung, 05.01.2019, 9 (together with Tom Brägelmann)
  • "Restructuring the company in a court case", Impulse magazine, August 2013 
  • "Corporate restructuring through a combination of protective shielding procedures, self-administration and insolvency plan", Insolvency law 2013/2014, Deutscher Sparkassenverlag, 3rd edition 2013
  • "Insolvency law reform RegE-ESUG - misapprehension or a great success", Betriebsberater 2011, issue 14, page 1
  • "Coalition agreement: Government parties discover insolvency law", Betriebs-Berater 2009
  • "A way out of the misery; With the insolvency plan procedure out of the existential crisis - A practical example", Krankenhaus Umschau 3/2007, page 200
  • Transfer of business, co-author, Luchterhand Verlag 2006
  • "Discharging performance to debtors despite restriction of disposal before the opening of the insolvency proceedings", Federal Court of Justice, ruling of 15.12.2005, AZ: IX ZR 227/04, LMK 2006
  • "No application of the equity substitution rules for the real estate purchaser", Federal Court of Justice, ruling of 02.02.2006, AZ: IX ZR 67/02, LMK 2006
  • Frankfurter Kommentar zur Insolvenzordnung, 8th edition, co-author, Luchterhand Verlag 2005
  • "No consideration by the insolvency administrator for reimbursement of legal costs", Federal Court of Justice (BGH), ruling of 02.12.2004, AZ: IX ZR 142/03, LMK 2005
  • "Segregation and insolvency appeal in the collateral pool", Federal Court of Justice (BGH), ruling of 02.06.2005, AZ: IX ZR 181/03, LMK 2005
  • "Eigenantrag nach Gläubigerantrag in der Verbraucherinsolvenz", BGH, Order of 17.02.2005, AZ: IX ZB 176/03, LMK 2005
  • "Early payment and incongruent cover", Federal Court of Justice, ruling of 9 June 2005, AZ: IX ZR 152/03, LMK 2005
  • "Restructuring of owner companies through insolvency proceedings", Dr. Wieselhuber & Partner, Sanierung & Insolvenz 1/2005, page 12 ff.
  • "Remuneration in the event of the transfer of tasks to third parties by insolvency administrators", Federal Court of Justice (BGH), Order of 11 November 2004, AZ: IX ZR 48/04, NZI 2/2005, page 103 et seq.
  • "Admissibility of offsetting in insolvency proceedings", Federal Court of Justice (BGH), ruling of 29.06.2004, AZ: IX ZR 195/03, LMK 1/2005, page 11 et seq.
  • "The insolvency administrator's claim for reimbursement of costs for tax reture case of proceedings without mass", Federal Court of Justice (BGH), decision of 22.07.2004, AZ: IX ZB 161/03, NZI 10/2004, page 577 et seq.
  • "Verfassungswidrigkeit der Regelungen zur Mindestvergütung des Insolvenzverwalters" (Unconstitutionality of the Regulations on the Minimum Remuneration of the Insolvency Administrator), Federal Court of Justice (BGH), Order of 15 January 2004, file no.: IX ZB 46/03, LMK 8/2004, page 150 et seq.
  • "Intention of creditor's disadvantage in the case of a GmbH as joint and several debtor", Federal Court of Justice (BGH), ruling of 01.04.2004, AZ: IX ZR 305/00, NZI 7/2004, page 376 et seq.
  • "No liquidation lump sum for the insolvency administrator in the event of collection of a claim by the creditor prior to the opening of insolvency proceedings", Federal Court of Justice (BGH), ruling of 20.11.2003, AZ: IX ZR 259/02, LMK 4/2004, page 80 ff.
  • "The participation in the estate or a contribution to the regulation of the "Weglagerergebühr", Dr. Wieselhuber & Partner, Sanierung & Insolvenz 1/2004, page 6 ff.
  • "Unification of the case law on the remuneration of the provisional and final insolvency administrator", Federal Court of Justice (BGH), Order of 24 June 2003, ref. no.: IX ZB 453/02 Federal Court of Justice (BGH), LMK 12/2003, page 240 et seq.
  • "The insolvency administrator's liability for damages to the opposing party by instigating legal proceedings", Federal Court of Justice (BGH), ruling of 25 March 2003, ref. no.: IX ZR 175/02, LMK 7/2003, page 136 et seq. 
  • "The insolvency administrator as social worker", NZI 2003
  • "Handbuch der übertragenden Sanierung", co-author, Luchterhand Verlag 2002
  • "Subsidiary takes mother to her grave - insolvencies of subsidiaries endanger the entire group", Finance 7/2002, page 18
  • Interview: Rescue anchor Insolvency application, Finance 5/2002, page 52 ff.
  • Interview: Operation successful - patient dead, Netbusiness 36/2001, page 37 ff.
  • "Restructuring by transfer as an essential means of control for maintaining a bankrupt company", StuB 16/2000, page 852
  • Cheque or credit card misuse by the authorised cardholder, 1990
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