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Joachim Ponseck MBA

Partner
Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern

Biography

Joachim Ponseck has more than twelve years of work experience in restructuring and insolvency law. He started his career in the R&I team of a magic circle law firm where he held the position of counsel before joining Baker McKenzie as a partner in 2021. With a very international focus during his studies and his career, Joachim advises clients worldwide in relation to issues related to German and European insolvency law.

Practice Focus

Joachim advises companies, their creditors and the management in connection with all legal questions concerning companies in financial difficulties and insolvencies. He regularly advises insolvency administrators as well. Joachim has a special focus on insolvency litigation, meaning the enforcement of or the defense against insolvency related claims against the management of the insolvent entity and their creditors. He also advises sellers and buyers in Distressed M&A transactions.

Representative Legal Matters

  • Advised various companies of the Gienanth Group in connection with the preparation of restructuring proceedings in the form of self-administration at the Local Court - Insolvency Court in Kaiserslautern 
  • Advised a syndicate of lenders led by Commerzbank Aktiengesellschaft on the financial restructuring of PIA Automation Group.
  • Advised a consortium of creditors led by Commerzbank AG and Deutsche Bank AG as co-arrangers on the adjustment of the group financing Woco Franz Josef Wolf Holding GmbH 
  • Advised SIG-i Capital in its capacity as lender on the financing of FLABEG Group.
  • Advised Pacoma Holding S.à.r.l. on the sale of the Pacoma Group to the US group Legget & Platt (L&P).
  • Advised an international oil company on its operative and financial restructuring.
  • Advised a debt financer as borrower in the context of a non-food supplier insolvency.
  • Advised an international automotive supplier on its operative and financial restructuring .

Before joining the Firm, he

  • Advised to aircraft lessors in the insolvency proceedings of Air Berlin, Niki, Germania and Condor.
  • Advised to the landlord of various department stores in the insolvency proceedings of Galeria Karstadt Kaufhof.
  • Advised to the management of various international corporations in the defence of insolvency related claims against them.
  • Advised to the insolvency administration of Weber Automotive in the context of the sale of its business operations.

Professional Honors

  • Top Law firm & Lawyer for Restructuring, Wirtschaftswoche 2021 
  • WiWo – Top Law Firms for Insolvency and Restructuring Law 2021 and 2023: The most renowned lawyers

Professional Associations and Memberships

  • Frankfurt Bar - Member

Admissions

  • Germany (2011)

Education

  • Frankfurt School of Finance (Executive MBA) (2020)
  • Kammergericht Berlin (Second State Examination) (2011)
  • Johannes Gutenberg University (First State Examination) (2008)
  • University of Mainz (Magister iuris) (2008)
  • University of Paris XII (Licence en droit) (2006)

Languages

  • German
  • English
  • French
  • Italian
  • Spanish
  • Co-author (with Anja Moser and Martin A. Swierczok), "Restrukturierung leicht(er) gemacht: Das StaRUG Gestaltungsoptionen und Stolpersteine,"Whitepaper, BUJ - Bundesverbandes der Unternehmensjuristen e.V., May 2021
  • Co-author (with Artur Martin Swierczok), "Europe: The new European restructuring schemes Snapshot on the status of implementation of the EU Restructuring Directive in selected Member States and the new English scheme," Baker McKenzie Insight Plus, 14 April 2021
  • Co-author (with Artur Martin Swierczok), "Deutschland: Gerichtsbeschluss zum Zugang zum StaRUG und zu überschießenden Regelungen im Restrukturierungsplan," Baker McKenzie Client Alert, April 2021
  • Co-author (with Stefan Sax and Artur Martin Swierczok), "Ein vorinsolvenzliches Restrukturierungsverfahren für europäische Unternehmen," Betriebs-Berater (BB) 2017, S. 323-329
  • Co-author (with Artur Martin Swierczok), "Anfechtbarkeit von Kongruenzvereinbarungen bei Dauerschuldverhältnissen," Zeitschrift für das gesamte Insolvenzrecht (ZInsO), Volume 20, Issue 9, 27 April 2017, S. 420
  • Co-author (with Stefan Sax), "Federal Court of Justice clarifies calculation of compensation payment," ILO Newsletter, 17 November 2017