Schutzschirm (protective shield, § 270b InsO)
Preliminary Eigenverwaltung with restructuring protection. Grants the debtor up to 3 months without enforcement to file a restructuring plan.
The protective-shield procedure is a special form of preliminary Eigenverwaltung under § 270b InsO. The debtor gets up to three months, under a preliminary supervisor, to draft a restructuring plan (insolvency plan). Enforcement actions are suspended during this window.
Requires a debtor petition and an expert opinion that restructuring is likely to succeed (imminent or actual insolvency; no over-indebtedness ground).
For buyers, the shield signals a structured restructuring approach. Deals during the shield phase are typically investor deals as part of the restructuring plan — not classic asset deals.
Related terms
- → Eigenverwaltung (debtor in possession)— Insolvency proceeding under § 270 InsO in which management stays in office and continues t…
- → Insolvenzplan (insolvency plan, §§ 217+ InsO)— Restructuring instrument in German insolvency. Governs debt restructuring, monetisation an…
- → Sachwalter (supervisor)— Supervisor appointed in Eigenverwaltung. Oversees management without replacing it.…