Dr Marcus Backes

Dr Marcus Backes

Dr Marcus Backes

Hamburg

T +49 40 18067 24699

Lawyer
Zertifizierter Restrukturierungs- und Sanierungsexperte (RWS)
Partner
Industries Mobility & Logistics , Health Care & Life Science

Areas of practice

Dr Marcus Backes advises national and international companies and their executive bodies on restructurings, distressed M&A transactions and all issues pertaining to insolvency law. He provides independent advisory services to assist clients in crisis to prevent and, where necessary, defend themselves against directors and officers (D&O) liability claims. Furthermore, he offers a broad range of advisory services both to companies that are in crisis and to investors and creditors. His daily work includes effectively enforcing creditors’ rights and representing creditors and groups of creditors in insolvency proceedings, including representing them on preliminary creditors’ committees. Dr Marcus Backes has published various articles on insolvency law issues and co-authored the insolvency law commentary published by Dr Gerhard Pape, Judge at the German Federal Court of Justice, and Prof Dr Christoph Uhländer.

Practices
Vita

Dr Marcus Backes studied law at the University of Hamburg, Germany, where he also received his doctorate for a thesis on an insolvency law subject. After being admitted to the German Bar in 2005, he initially worked in the area of insolvency administration, most recently as an insolvency administrator and trustee. In 2010, Dr Marcus Backes started to focus on providing restructuring advice and has since advised companies and businesspersons who are in crisis. He joined Luther in 2013.

Honors and distinctions
  • WirtschaftsWoche (2021): highly recommended lawyer for "Restructuring"
  • Best Lawyers (2022): Award in "Restructuring and Insolvency Law"
  • The Legal 500 Germany (2021): Mentioned in restructuring, 'very competent, client-oriented. , 'client-oriented, high level of professional expertise, very valued discussion partner'.
  • WirtschaftsWoche (2020): awarded as "Top Anwalt 2020" in "Restructuring"
  • The Legal 500 Germany (2020): Mentioned in Restructuring and Insolvency
  • WirtschaftsWoche (2019): awarded as "Top Anwalt 2019" in "Restructuring"
  • The Legal 500 (2018): Recommendation in the category "Restructuring and Insolvency".
  • The Legal 500 (since 2016): Listed in "Restructuring and insolvency"
Clients

  • Preparing insolvency plans for three ships (Cape-Size-Bulk-Carriers) with an original financing volume of more than 225 million USD and current outstanding liabilities of more than 210 million USD. Intensive coordination of the insolvency plans and proceedings with the relevant national and international creditors and the competent insolvency court. As a result and despite the complex issues, confirmation of the insolvency plans was achieved in a record time of two months after the opening of the insolvency proceedings. The validity of the confirmation resolutions came into force automatically two weeks later. In addition, the opening of the insolvency proceedings, as well as the insolvency proceedings that had been opened, were dealt with by Dr Marcus Backes in debtor-in-possession proceedings.
  • Advising numerous one ship companies on how to prepare for insolvency proceedings in debtor-in-possession proceedings, including applying for the determination of a deadline for the submission of an insolvency plan in the opening proceedings under Sec. 270b German Insolvency Statute (InsO) (“protection-against-execution proceedings”). The advice given included not only drafting all the required applications, but also coordinating the proceedings and advising the management during the proceedings.

  • Developing restructuring concepts for various so-called funds of funds from the shipping sector, including preparing and negotiating complex settlement agreements with insolvency administrators regarding potential liability claims under Secs. 171 (1), 172 (4) German Commercial Code (HGB).

  • International automotive supplier group - advising and representing in insolvency proceedings concerning the assets of a key supplier, in particular negotiating complex supply agreements with the insolvency administrator.

  • International mineral oil group - comprehensive advice and representation in insolvency proceedings concerning the assets of an international refinery group.

  • Multinational paper wholesale group - ongoing advice on all insolvency law issues and representation in insolvency proceedings of suppliers and customers, in particular enforcement of rights to separate satisfaction and separation and transfer of property as well as defence against claims for rescission.

  • Various ship funds - advice on restructuring and insolvency law issues.

  • Listed stock corporation from the solar energy industry - drafting an insolvency plan and conducting negotiations with international investors.

  • German automotive supplier - advising on the enforcement of claims (trade receivables) against an international group of companies, amongst other things, by initiating liquidation proceedings under English law.

  • Advising GETI WILBA GmbH & Co. KG on insolvency application proceedings and a successful M&A process (https://www.juve.de/nachrichten/namenundnachrichten/2020/03/fertiggerichte-geti-wilba-geht-mit-brinkmann-und-luther-in-die-insolvenz)

  • Representing international clients in the insolvency proceedings of the wind turbine manufacturer Senvion and a member of the creditors' committee (https://www.juve.de/nachrichten/deals/2019/10/teilverkauf-senvion-geht-mit-gleiss-goerg-und-freshfields-an-siemens-gamesa).

  • Advising international industrial holding company on refinancing and sale of a German shipyard (https://www.juve.de/nachrichten/deals/2019/04/refinanzierung-und-verkauf-luther-und-white-amp-case-bei-flensburger-schiffbau-an-bord).

  • Advising the heavy-lift shipping company Hansa Heavy Lift in insolvency application proceedings and insolvency proceedings (https://www.juve.de/nachrichten/namenundnachrichten/2018/12/schwere-last-reederei-hansa-heavy-lift-mit-brinkmann-und-luther-in-der-insolvenz).

  • Advising Mitteldeutsche Braunkohlengesellschaft mbH (MIBRAG) on the structuring of an independent contractual investment scheme to secure the future recultivation of opencast mining (https://www.juve.de/nachrichten/deals/2018/12/sachsen-posser-spieth-und-goerg-sichern-mit-inhousehilfe-tagebausanierung-ab).

Publications
Lectures