Dr. Daniel Schwartz

Partner, Düsseldorf

Biography

Overview

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.

Please click here for the German bio.

Please click here for our German Restructuring and Insolvency website.

Bars and Courts
Insolvency Lawyer
Rechtsanwalt
Education
Second State Exam
Higher Regional Court of Cologne
Dr jur
University of Cologne
First State Exam
University of Bonn
Languages
English
French
German

Experience

Machinery dealer, 2021
Dr. Daniel Schwartz represented a machinery dealer in a debtor-in-possession-proceedings in Germany. The company was restructured through an insolvency plan.

Esprit, 2020
Restructuring of the international fashion retailer Esprit in a debtor-in-possession-proceedings in Germany. The Esprit group of companies was restructured through multiple insolvency plans.

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.

Publications

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 Biner Bähr and Frank Pollmächer)

Courses of action for companies – International jurisdiction and recognition of preventive restructuring proceedings (Handlungsoptionen für Unternehmen – Internationale Zuständigkeit und Anerkennung von präventiven Restrukturierungsverfahren), ZIP 2021, pages 2214-2223, Co-author (with Jan-Philipp Hoos and Hendrik Schlander)

Duties and Risks of members of executive boards under the new StaRUG, Insolvency and Restructuring International, Edition April 2021, Vol. 15, pages 12-14, Co-author (with Murad Daghles)

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 Biner Bähr)

"Directive for a preventive restructuring framework – analysis and recommendations (Richtlinie für ein präventives Restrukturierungsverfahren – Analyse und Umsetzungsempfehlungen)", NZG, Issue 12, Pages 450-458, 2020 (with Bero-Alexander Lau)

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, Praxishandbuch des Restrukturierungsrechts. (Sicherheiten in der Insolvenz und Massekredit). Ed. Rüdiger Theiselmann. Cologne, pp. 1134-1208, 2020 (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