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.
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.
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).