News
Limitation of claims of the insolvency estate in insolvency proceedings in case of notified (threatened) insufficiency of the insolvency estate
Author: Christian Stoffler Published: Kommunal-Kassen-Zeitschrift, 72nd volume, September 2022, No. 9 Link: Kommunal-Kassen-Zeitschrift - Verlag Reckinger Abstract: If an (imminent) insufficiency of assets within the meaning of Section 208 InsO occurs in insolvency proceedings, the creditors of claims against the assets of the insolvency estate, in particular, must observe various formal and material peculiarities in order to pursue their claims in the best possible way and not lose them completely. This article is intended to raise awareness of the issues to which particular attention must be paid when the public [...]
The stationary retailer in insolvency - practical issues around the leased property
Author: Dr Christian Schmitt Published: ZIP - Zeitschrift für Wirtschaftsrecht Link: Tables of contents (zip-online.de) (Access for registered users only) Abstract: In the insolvency of a bricks-and-mortar retailer, the focus of the continuation of operations is on the leased branches. At the interface between insolvency law and tenancy law, the insolvency practitioner has to consider a multitude of legal pitfalls.
Duty of managing directors and advisors to identify crises at an early stage according to StaRUG
EXISTENZ MAGAZIN 2022 Dr. Christian Schmitt: Since January 2021, it has been possible to restructure a company's finances outside of court proceedings, inspired by the British scheme of arrangement: the so-called restructuring procedure under StaRUG. With this instrument, which is aimed at a financial reorganization of the balance sheet by means of a haircut of existing liabilities (with the exception of personnel and pension liabilities), companies have the opportunity to reach an agreement with their creditors already at a pre-insolvency crisis stage [...].
New liability risk for managing directors: obligation for early crisis detection and crisis management
New liability risk for managing directors: obligation for early crisis detection and crisis management BayPapier aktuell/Dr. Christian Schmitt/27.01.2022: A new restructuring law, the so-called StaRUG, has been in force for about a year, or more precisely since January 1, 2021, and supplements previously known options such as self-administration. This is intended to give companies the opportunity to reach agreement with their creditors at a pre-insolvency crisis stage on partial debt relief and further restructuring contributions for the purpose of corporate restructuring, without [...]
„Auch online ist nicht alles Gold was glänzt“ – Interview mit Dr. Christian Gerloff
Read an exciting interview with Dr. Christian Gerloff on the topic of the fashion industry, the crisis and future prospects under the following link: "Even online, all that glitters is not gold" | profashionals
ADLER Modemärkte's insolvency proceedings set standards in several respects
- Insolvency proceedings in self-administration successfully concluded just two months after opening and a good seven months after filing - Successful structured bidding process despite Corona lockdown - Takeover by Zeitfracht Group secures more than 2,600 jobs and enables payment of a recognizable quota to creditors - First loan from the Economic Stabilization Fund (WSF) for companies in insolvency Munich, August 31, 2021 - The insolvency proceedings in self-administration, which were significantly supported by the law firm Gerloff Liebler Rechtsanwälte [...]