Frank Tschentscher

Frank Tschentscher advises on national and international reorganisation and insolvency law in restructuring situations. He regularly represents groups of international financial creditors and/or banking syndicates when companies (including listed companies) are reorganised out of court, but also conducts negotiations on behalf of the debtor, in addition to taking on overall responsibility for planning and implementing complex restructuring projects in Germany and abroad. His range of advisory services further includes advising and Frank Tschentscher advises on national and international reorganisation and insolvency law in restructuring situations. He regularly represents groups of international financial creditors and/or banking syndicates when companies (including listed companies) are reorganised out of court, but also conducts negotiations on behalf of the debtor, in addition to taking on overall responsibility for planning and implementing complex restructuring projects in Germany and abroad. His range of advisory services further includes advising and representing foreign or German insolvency administrators and other parties involved in German or cross-border insolvency proceedings.

Frank Tschentscher has published numerous works on topics relating to insolvency law and is a frequent lecturer at national and international conferences. He co-authored the commentary on european insolvency regulation published by Dr Andreas Schmidt.

Restructuring & Insolvency
Capital Markets, Banking & Finance
Corporate/M&A

Frank Tschentscher was born in 1967. After successfully completing a commercial training programme, he studied law at the University of Hamburg (Germany). Following his admission to the German Bar in early 2000, he initially worked for a renowned (big four) audit firm before leaving Germany to join a well-known law firm in England, where he focused on providing restructuring and insolvency advice, especially in a cross-border context. In 2003, Frank Tschentscher was admitted as a Solicitor of England & Wales; in 2005, he became a Partner in the English law firm. Frank Tschentscher returned to Germany in 2009 and was for many years a Partner in a leading German insolvency law firm before joining Luther in 2019, where he now is a member of the Commercial team.

Frank Tschentscher is vice-president of INSOL Europe, an international organisation of professionals who specialise in insolvency, business reconstruction and recovery.

• The Legal 500 Germany (2020): Mention in Restructuring and Insolvency - Restructuring
• Handelsblatt / Best Lawyers - Germany´s Best Lawyers (2019)
• often recommended by JUVE in the Area of Restructuring & Insolvency (since 2010)

• Restructuring of an infrastructure project – project company in a PPP: advised and represented an international banking syndicate in connection with the financial reorganisation and restructuring of a federal highway expansion project (so-called “A-Modell”) with a complex financing structure and international shareholders involving the Federal Republic of Germany
• Scholz Holding GmbH: advised and represented a German bank creditor in connection with the restructuring efforts undertaken by the Scholz Group
• German shipyard group: represented a shipyard group having three locations in Northern Germany and approximately 1,400 employees in negotiations with the Group’s relevant foreign client and (separately) with the state government regarding the Group’s restructuring and/or reorganisation and developed and implemented a sustainable reorganisation plan
• Restructuring of the financial liabilities of SolarWorld AG: acted as representative and chief negotiator for the relevant par-lender bondholders in connection with the successful reorganisation of SolarWorld (volume: corporate bond liabilities in the amount of EUR 352.5 million)
• Merkle family in connection with the reorganisation of Ratiopharm GmbH, PHOENIX Pharmahandel GmbH & Co KG, and HeidelbergCement AG: advised and represented the shareholders during the reorganisation and restructuring of the liabilities of the entire group of companies, total volume: approximately EUR 15 billion (EUR 9 billion for Ratiopharm and Phoenix); acted as chief negotiator for the family in negotiations with the banks (Steering Committee)
• Reorganisation of Crest Nicholson Group Limited, an English company, by means of a Scheme of Arrangement: advised and represented a German bank creditor, advised on the financial restructuring of corporate liabilities amounting to approximately GBP 1.1 billion (debt-to-equity swap)

• EuInsVO Europäische Insolvenzverordnung mit Restschuldbefreiung und Nachlassinsolvenz in der EU - Kommentar
• German Insolvency Code – Commentary
• Großbritannien - Sanierungszentrum mit abnehmender Bedeutung
• Brexit: Status of negotiations and scenarios for cross-border insolvency proceedings after the UK’s departure from the EU
• Insolvenzrecht und Unternehmenssanierung - Jahrbuch 2019
• Brexit: Stand der Verhandlungen und Szenarien bei grenzüberschreitenden Insolvenzverfahren nach dem Austritt
• Insolvenzverordnung - Kommentar
• Schuldscheindarlehen: Die attraktive Alternative
• Restrukturierung von Schuldscheinen
• Komplexe Restrukturierung beim Schuldschein
• Kommentar zur Insolvenzordnung
• Einführung eines Konzerninsolvenzrechts
• The EU insolvency consultation: two years on
• Das Milliardenspiel mit Schuldschein, Anleihe und Genussrechten: Instrumente der Unternehmensfinanzierung in Krise und Insolvenz
• Tough as old boots – or the enduring appeal of the dual purpose restructuring trust („doppelnützige Treuhand“)
• The Modern German Insolvency Regime: Process, Reform, Financing and Creditor Ranking
• European Update - The Supreme Court’s Decision in New Cap and Rubin – A Change of Direction for English Cross-Border Insolvency Law
• Where is the European Insolvency Regulation headed? Reform Efforts at European Level and their Implications for Cross-Border Practice
• The Germans are not coming, Accountancy Age
• Trust, Parallel Debt Mechanism under N.Y. Law Are Now Recognized in French Insolvency Law
• Schemes of Arrangements in Cross-Border Restructuring Cases
• Sinn und Sinnhaftigkeit eines Europäischen Vertragsrechts
• Scheme of Arrangement, Internationale Zuständigkeit, Anerkennung in Deutschland/"Rodenstock"
• Borrowed time
• Restructuring and Insolvency Handbook 2010/2011
• Der deutsche Insolvenzplan und internationale Cross-Border Protocols
• Restructuring and Insolvency Handbook 2009/2010
• Working together - Negotiating the Minefield of Cross-Border Buyouts
• Merkel remains, but the policies have changed
• At a crossroads
• Car trouble
• Die Private Limited Company in Deutschland