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Photo, Prof. Dr. Artur M. Swierczok LL.M (UCL), MSt. (Oxford)

Prof. Dr. Artur M. Swierczok LL.M (UCL), MSt. (Oxford)

Counsel
Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern

Biography

Prof. Dr. Artur M. Swierczok joined Baker McKenzie as Counsel in 2021 and works in the area of Restructuring and Insolvency. Prior to that, he worked for two international law firms in Frankfurt. Artur studied law at the University of Tuebingen, where he also earned his doctor's degree in law. He further received an LL.M. in Corporate Law from University College London (UCL) and a MSt. in Legal Research from the University of Oxford. Artur was admitted to the German bar in 2015. Artur is a Professor for Law at the University of Applied Science IU Internationale Hochschule and has authored numerous publications on restructuring and insolvency law.

Practice Focus

Artur's practice focuses on international restructuring and insolvency law. He advises German and international corporations, shareholders, creditors and other stakeholders on all aspects of international restructuring and insolvency law. He also advises on distressed M&A transactions.

Representative Legal Matters

  • Advised a consortium of creditors led by Commerzbank AG and Deutsche Bank AG as co-arrangers on the adjustment of the group financing of Woco Franz Josef Wolf Holding GmbH.
  • Advised Pacoma Holding S.à r.l. on the sale of the Pacoma Group to the US group Legget & Platt (L&P).
  • Advised AKA Ausfuhrkredit-Gesellschaft mbH as (secured) lender in the context of the insolvency proceedings of MV Werften Group.
  • Advised a Dow Jones Company with respect to the sale (carve-out) of its European business unit.
  • Advised a car supplier as debtor in self-administration proceedings in connection with ongoing litigation and strategic considerations.
  • Advised an international chemical industry company on its operative and financial restructuring.
  • Advised BizLink on acquisition of LEONI Industrial Solutions business group.
  • Advised Rakuten on a long-term partnership with 1&1 to build its own mobile network.
  • Advised a (secured) debt financer as borrower in the context of a non-food supplier insolvency.
  • Advised an international automotive supplier on its operative and financial restructuring.
  • Advised a bank in connection with the processing and assertion of possible claims for damages against various parties involved in connection with the insolvency of Wirecard AG.

Professional Honors

  • 'The Best Lawyers' in Germany for Restructuring and Insolvency Law, Handelsblatt 2023 edition
  • 'The Best Lawyers' in Germany for Restructuring and Insolvency Law, Handelsblatt 2022 edition

Professional Associations and Memberships

  • TMA NextGEN - Member
  • German Bar Association (DAV) - Member
  • Frankfurt Bar Association - Member
  • German Bar Association's young lawyers group (DAV) - Member
  • German Bar Association's insolvency law & restructuring working group (DAV) - Member
  • Working group "Young Insolvency Lawyers" (DAV) - Member

Admissions

  • Germany (2015)

Education

  • Higher Regional Court of Stuttgart (Second State Examination) (2015)
  • University of Tuebingen (Dr. iur) (2013)
  • University of Oxford (MSt.) (2012)
  • University College, London (LL.M.) (2011)
  • University of Tuebingen (First State Examination) (2010)

Languages

  • English
  • German
  • Polish

 

Publications

  • Author, Comments on sec. 335-359 InsO and on art. 102, 102a, 103, 104, 107-110 EGInsO, Kayser/Thole, Heidelberger Kommentar zur Insolvenzordnung, C.F. Müller Press, (11th edition 2022/2023, in progress)
  • Co-author (together with J. Ponseck), Start-ups in a Crisis: What to Watch out For? Evaluation of Recent German Court Decisions in: International Corporate Rescue (ICR) 19 (3) (2022) 147
  • Co-Autor (together with I. Labusga), case comment on OLG Düsseldorf 09.02.2022 - 12 U 54/21 in: Neue Zeitschrift für Insolvenz- und Sanierungsrecht (NZI) 2022, 562
  • Author, Comments on sec. 94-100, in: Flöther, StaRUG – Unternehmensstabilisierungs- und -restrukturierungsgesetz, C.H.Beck Verlag, (1. edition)

Presentations

  • "Corporate financing in the crisis" (guest lecture), Frankfurt School of Finance & Management, 23.09.2022
  • "Claw-back claims concerning intentional behavior (Vorsatzanfechtung) - trend reversal according to current case law_reappraisal, enforcement and defense in practice", working group "young insolvency lawyers" of ARGE insolvency law and restructuring and “FORUM Young Advocacy”, 05.05.2022