Dr. Biner Bähr | White & Case LLP International Law Firm, Global Law Practice
Biner Bahr
Biner Bahr

Dr. Biner Bähr

Partner, Düsseldorf

T +49 211 49195 0

E bbaehr@whitecase.com

Biner is listed as a leading individual among Insolvency & Restructuring lawyers in the latest editions of Legal 500, IFLR 1000, Chambers, Who’s Who Legal and JUVE.

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.

Bars and Courts

  • Insolvency Lawyer
  • Rechtsanwalt

Education

  • Second State Exam, Hanseatic Higher Regional Court of Hamburg
  • Dr jur, University of Kiel
  • First State Exam, University of Passau
  • BA, Diploma in Business Administration, Business Academy of Kiel

Languages

  • German
  • English

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.

Speaking Engagements

"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

Publications

  • Collateral in Insolvency and Estate Loans, Praxishandbuch des Restrukturierungsrechts. (Sicherheiten in der Insolvenz und Massekredit) Ed. Rüdiger Theiselmann. Cologne, pp. 970–1034, 2017, (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)

Awards & Recognition

Leading Individual: Insolvency Administration, JUVE 2016/2017

Leading Individual: Restructuring and Insolvency, IFLR1000 2014, Germany

Leading Individual: Restructuring and Insolvency, The Legal 500 EMEA 2016, Germany

Leading Individual: Insolvency Administration, Chambers Europe 2016, Germany

Highly Recommended Lawyer: Restructuring and Corporate Rescue, JUVE 2015/2016