Dr. Daniel Schwartz
Daniel Schwartz practices in the area of insolvency administration and insolvency law. He is regularly appointed as Insolvency Administrator by courts in the Rhine-Ruhr area.
In addition to handling insolvency proceedings, he advises clients on restructuring measures, in particular in debtor-in-possession proceedings, the sale or acquisition of insolvent companies or in their role as creditors in insolvency proceedings.
Another focus of his work is advising managers facing insolvency as well as national and international financial institutions on various insolvency issues.
He has exceptional expertise in the fields of debtor-in-possession proceedings and insolvency plan proceedings.
Daniel Schwartz gained experience abroad in the USA (New York), Canada and France.
Asklepios Kliniken, 2018
Representation of German health care group Asklepios Kliniken in its bid for the acquisition of Paracelsus-Group out of self-administration-proceedings through capital measures within insolvency plans.
Solarworld AG, 2017
Representation of Wilmington Trust as the Security Agent in the insolvency proceeding of Solarworld AG and its affiliated companies. White & Case has adviced Wilmington Trust in the realisation of various collaterals in cross-border-proceedings and in negotations with the insolvency amdministrator.
Daimler AG, 2017
Representation of automobile manufacturer Daimler AG and its subsidiaries in connection with the global restructuring of Takata Corporation and its subsidiaries, component part suppliers responsible for the largest-ever consumer products recall. White & Case has assisted Daimler AG and its subsidiaries in navigating the complex issues arising out of insolvency proceedings in the U.S. and Japan and coordinated out of court restructurings in Europe and elsewhere.
Acting for White & Case Partner Biner Bähr as insolvency administrator of "Gardeur-Group", a fashion label situated in Germany and Tunisia. After only two months of continuing Gardeur's business operations, the group was sold to a strategic investor.
Acting for White & Case Partner Jan-Philipp Hoos as insolvency administrator in the insolvency proceeding of Kemmerich-Group, an automotive supplier, with more than 1,000 employees and production sites in Germany, Czech Republic, Spain and USA.
Whitesell Germany, 2015
Representing White & Case Partner Biner Bähr as insolvency administrator of Whitesell Germany, a large automotive supplier, with more than 1,300 employees in four production sites all over Germany.
The Liability of a director in a debtor-in-possession proceeding according to sections 60, 61 InsO (Haftung der Geschäftsführung in der Eigenverwaltung analog §§ 60, 61 InsO), NZG, Issue 26, pp. 1013-1015, 2018
Collateral in Insolvency and Estate Loans (Sicherheiten in der Insolvenz und Massekredit), Praxishandbuch des Restrukturierungsrechts. Ed. Rüdiger Theiselmann. Cologne, pp. 970–1034, 2017, (co-author with Biner Bähr)
Payment of a fine as an avoidable transaction – an annotation to the judgement of the Higher Regional Court of Zweibrücken dated 17 May 2013 – 2 U 86/12, ZWH, Issue 1, pp. 36–38, 2014
Provisional suspension of enforcement measures under the interim injunction in the Suhrkamp dispute, here: prohibition on voting for the insolvency plan. Comment on the Frankfurt/Main Higher Regional Court judgment of 1 October 2013, EWIR, Issue 23, pp. 753–754, 2013, Co-author (with Biner Bähr)
The subjective elements of contestation on the grounds of intention to cause disadvantage pursuant to Section 133 of the German Insolvency Code (Der subjektive Tatbestand der Vorsatzanfechtung nach § 133 InsO), Dissertation, Frankfurt am Main et al., 2013
The creditor's awareness of intention to disadvantage creditors, where imputed knowledge on the part of the counsel retained has to be presumed – an annotation to the judgement of the Federal Court of Justice (BGH) dated 10 January 2013 – IX ZR 13/12, ZWH, pp. 158–160, 2013