News

VAT: New EU e-commerce rules

The new VAT e-commerce rules bring a simple and uniform set of VAT rules for all businesses engaged in cross-border e-commerce (especially online sellers,  marketplaces/platforms as well as operators, couriers, customs, tax administrations and... read more

ECJ: avoidance of transactions in insolvency proceedings in cross-border business

In insolvency proceedings conducted in Germany, it is particularly easy for insolvency administrators to successfully assert claims against creditors by means of insolvency avoidance. This practice is based on the administrator-friendly insolvency case law... read more

Insolvency filing obligation in force again without restriction

Pursuant to Section 15a InsO or Section 42(2) BGB, the legal representatives of German corporations and associations are obliged to file an insolvency petition when their organization is practically insolvent. This obligation had been... read more

Publications

Statement on the public hearing on Insolvency Law of the German-French Parliamentary Assembly

  • Author: RA Lutz Paschen
  • Source: Statement on the hearing on 01.03.2021 in the framework of the working group “Harmonization of German and French Business and Insolvency Law” (HWIR)
PASCHEN-Stellungnahme-AG-HWIR.pdf (pdf, 200.12 KB)

SanInsFoG: How the new pre-insolvency restructuring procedure works and what creditors should pay particular attention to

  • Author: RA Lutz Paschen
  • Source: ServiCon Anwaltsnetz
SanInsFoG-Das-vorinsolvenzliche-Sanierungsverfahren-und-worauf-Glaeubiger-achten-sollten.pdf (pdf, 774.34 KB)

Newsletter – Commercial Tenancy Law, Data Protection, SanInsFoG

  • Author: PASCHEN Rechtsanwälte
  • Source: ServiCon Anwaltsnetz
Servicon-Newsletter-1.pdf (pdf, 1.03 MB)

Events

Address

virtual Seminar

  • Date

Organizer

textil+mode

Program

Link

The German legislator passed the Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG) at record speed and fundamentally reformed the German insolvency and restructuring law. A large part of the new regulations already came into force on January 1, 2021.

In a webinar on February 11, the Gesamtverband textil+mode will provide information on the new stabilization and restructuring framework and explain what innovations textile and fashion companies will face. Speaker is our founding partner RA Lutz Paschen, who was also invited as an expert at the hearing in the legal committee of the Bundestag on the new law.

Address

Deutscher Bundestag, Paul-Löbe-Haus (PLH), Konrad-Adenauer-Str. 1 (opposite Bundeskanzleramt)

  • Date

Organizer

Bundestags Ausschuss - French-German Parliamentary Assembly

Link

Our partner RA Lutz Paschen will participate as an expert in the public hearing of the working group “Harmonization of German and French Business and Insolvency Law” (HWIR) set up by the French-German Parliamentary Assembly.

There will be a hearing of German and French experts on the topics of company and insolvency law and impulses will be given for the harmonization of German and French business and insolvency law.

The third meeting of the HWIR working group will take place on 1 March 2021 in the form of a hybrid video conference.

Address

virtual Seminar

  • Date

Organizer

DEUTSCHE KONGRESS GmbH

Link

The Act on the Stabilization and Restructuring Framework for Companies (StaRUG) in the newly adopted Act on the Further Development of Restructuring and Insolvency Law (SanInsFog) have priority and can be found there under Article 1, which creates a formal procedure for pre-insolvency restructuring for the first time. The amendments to the Insolvency Act made in Article 5 SanInsFoG implement the results of the ESUG evaluation legally and the amendments to COVInsAG regulated in Article 10 SanInsFoG introduce special temporary insolvency law provisions to deal with the economic consequences of the Corona pandemic in 2021.

As speakers our partners RA Michael Schmidt and RA Lutz Paschen will provide an overview of the innovations in restructuring and insolvency law.

In particular, the webinar will cover the following topics:

  • Overview of the main innovations
  • Procedure of pre-insolvency reorganization according to StaRUG
  • Restructuring moderation according to §§ 94 ff. StaRUG
  • How to be overruled as a creditor (so-called cram-down)
  • What creditors should do who are affected by a stabilization arrangement
  • How restructuring creditors should prevent the risk of avoidance at a later date
  • How the amendments to COVInsAG will affect insolvency proceedings filed in 2021

Dates:

  • 16.02.2021 Online-Seminar
  • 25.03.2021 Online-Seminar

Address

Online-Seminar

  • Date

Organizer

Neue DEUTSCHE KONGRESS GmbH

Program

Link

This seminar looks at insolvency proceedings from the creditor’s perspective. Topics include: How to identify and avoid insolvency at an early stage; what insolvency avoidance is; and how to limit the risk of avoidance. Special attention will be paid not only to the reform of avoidance law in 2017 but also to the regulations of the COVID-19-Insolvency Suspension Act COVInsAG and and other special pandemic-related regulations such as the SanInsFoG, which came into force on 1 January 2021.

Topics:

  • The course of insolvency proceedings and economic interrelationships.
  • Insolvency plan proceedings / protective shield proceedings Powers/liability of the parties involved
  • Special features of self-administration Creditors’ participation rights
  • Business with companies in preliminary insolvency proceedings
  • SanInsFoG
  • Avoidance of insolvency proceedings and its avoidance / using the opportunities offered by the reform of the right of avoidance / the COVInsAG
  • The assertion of security interests and counterclaims

Event dates:

  • 20. – 21. April 2021 Online-Seminar
  • 19. Mai 2021 in Köln

Learn more on our Interview with the seminar leader RA Lutz Paschen and get the latest information about the SanInsFoG in another interview with RA Lutz Paschen.

Address

InterCityHotel Berlin Hauptbahnhof
Katharina-Paulus-Straße 5
10557 Berlin

  • Date

Organizer

Neue DEUTSCHE KONGRESS GmbH

Program

Link

The 12th Receivable- and Risk management Days (B2C) will address receivables management, risk management and debtor management. The planned speakers will give us an insight into their everyday professional lives and explain the opportunities and possibilities in risk control and digital processes.

RA Lutz Paschen is one of the top-class speakers at this event. His topic is the EU Restructuring Directive, which came into force on the 1st of January 2021. First and foremost, the deadline for the discharge of residual debt is significantly shortened. In addition, a pre-insolvency restructuring procedure has been introduced and the insolvency procedure has been modernized. The presentation on these topics will show how receivables management is affected by these changes.

Event dates

  • 23.09.2021 in Berlin
  • 26.10.2021 in Frankfurt/M
  • 03.11.2021 in München

 

Address

Virtual Conference

  • Date

Organizer

Prof. Schumann GmbH

Link

The annual SCHUMANN Digital Credit Risk Management Conference will take place as an online event on 30 September 2021. You will find panel discussions and presentations by experts with many helpful informations and suggestions in German and English.

As a long-standing partner, PASCHEN Rechtsanwälte supports SCHUMANN and their customers in the successful enforcement of rights for suppliers and digital interfaces to loss management.

International speakers will tell you how they successfully make use of the latest developments in digital credit risk management and answer your questions.

  • Which are the new technologies?
  • How can you put the digitalization strategy of your company into practice?
  • Which methods and techniques have insurance companies, providers of financial services, industrial and trading companies been using during the corona pandemic?

The conference addresses credit and credit risk managers as well as decision-makers in the field of business development and digital transformation from various industries.

Participation is free of charge. Register now.

Top-Topics

COVID-19 Pandemic Act COVInsAG: Insolvency law consequences of the crisis for creditors

One of the most important parts of the COVID-19 pandemic law, which was hastily enacted by the legislator in March, is the regulations it contains for the temporary modification of insolvency law. The COVID-19... read more

SanInsFoG: EU Restructuring Directive implemented with effect from 1 January 2021

As early as 2 November 2016, the European Commission had submitted a proposal for a “Directive of the European Parliament and Council on preventive restructuring frameworks, second chance and measures to improve the efficiency... read more

Avoidance of transactions in insolvency proceedings: First results of legal reform

In recent years, the German Federal Court of Justice’s judicature on the so-called pre-emptive action of wilfully disadvantageous transactions according to sect. 133 of the German Insolvency Act (InsO) was completely out of hand.... read more

Videos

Current information on SanInsFoG – Short interview about the seminar

The webinar on the new provisions of the SanInsFoG on 16 February 2021 provides an overview of the innovations in restructuring and insolvency law from a creditor's point of view, which will be presented by RA Lutz Paschen and RA Michael Schmidt. In ...


to the video

Insolvency Proceedings from the Creditor’s point of view – The Interview about the Seminar

The seminar Insolvency Proceedings from the Creditor's point of view on 20 August 2020 gave information about insolvency proceedings from the creditor's point of view. In the interview with RA Lutz Paschen, who was leading the seminar together with RA Michael Schmidt, you can find out what the seminar was specifically about.    


to the video

First online court hearing for PASCHEN Attorneys at Law

RA Anja Beyer was the first from our team who had the opportunity to participate digitally in a court hearing - a long hoped-for premiere for us.


to the video

Press

Article by JUVE on Global Wind Power defence against 50 million lawsuit with PASCHEN’s support

In an article dated 20 September 2019 Juve reports on PASCHEN´s successful defence against a 50 million Euro judgement against Indian wind turbine manufacturer Global Wind Power Limited. The Higher Regional Court of Cologne has confirmed an earlier ruling of the Regional Court rejecting the lawsuit after the same court had issued a default judgement in favor of the insolvency administrator of wind turbine manufacturer FUHRLÄNDER AG. With its ruling of 1 July 2019 the court followed PASCHEN’s line of arguments claiming the earlier default judgement from 2017 in favour of the insolvency administrator of Fuhrländer AG to be unlawful. Read more here and here.

Article Badische Zeitung

Das Handelsblatt berichtet in seiner Ausgabe vom 13. März 2017 über ein von PASCHEN in einer Anfechtungssache betreutes Unternehmen: Das Aufforderungsschreiben des Verwalters umfasste 65 Seiten und 1000 Seiten Anlagen. RA Baumeister gelang es aber schließlich, die ursprünglich geforderten 155.000 Euro dramatisch herunter zu verhandeln: „Man einigte sich auf 10.000 Euro, um einen Prozess zu vermeiden.“ Zum vollständigen Artikel gelangen Sie hier.