Top-Topics

BGH defines conditions for contestation-proof cash transactions

 New decision clears up legal uncertainties in the use of Section 142 InsO

As part of the 2017 avoidance reform, the legislator also revised the wording of Section 142 InsO. This regulates the so-called... read more

Continued supply in customer insolvency

 When it is justifiable to maintain the customer relationship in preliminary insolvency proceedings

Corporate insolvencies reached their highest level in 20 years in October 2024, as reported by the FAZ on 6 November 2024... read more

Modernisation of civil proceedings: digitisation at the German pace

 An appeal for more pragmatism

The Federal Ministry of Justice has taken up the cause of promoting the comprehensive digitisation of the judiciary as an agile initiator. The latest attempt in this context is... read more

Planned new EU Late Payment Regulation under fierce fire

In September 2023, the EU Commission presented the draft for a new Late Payment Regulation, which is currently under discussion. According to the paper, the main motive is to remedy alleged deficiencies in the... read more

Federal Court of Justice rows back on insolvency avoidance

 New ruling on the scope of the provision on presumption

After the Federal Court of Justice (BGH) had already dealt with the statutory presumption of fact in Section 133 (1) sentence 2 of the... read more

Determination of claims in the insolvency table

 Informative BGH (German Federal Court of Justice) decision on responsibilities and cooperation obligations of insolvency administrators

Insolvency administrator must examine claims filed in insolvency proceedings in order to come to a decision on whether... read more

EU proposal for a directive harmonising certain aspects of insolvency laws

 Further adjustments planned after implementation of the EU Restructuring Directive

In December 2022, the EU Commission presented a new Proposal for a Directive harmonising certain aspects of insolvency law aimed at consistently advancing efforts... read more

SanInsKG: new special rules for crisis-related insolvency law remain under the radar

 COVInsAG (COVID-19 Insolvency Suspension Act) is now called SanInsKG (Restructuring and Insolvency Law Crisis Mitigation Act)

With the Coronavirus crisis having now been overcome, it has been almost seamlessly replaced by an energy crisis... read more

StaRUG Restructuring Facilitation

 The best way to strike a balance between creditors and debtors in the current crisis

 

At the end of 2020, the German Act on the Stabilisation and Restructuring Framework for Companies, in short:... read more

Avoidance of transactions in insolvency proceedings – New BGH Ruling

The ruling of the IXth Civil Senate, which is responsible for insolvency law at the Federal Supreme Court (BGH), on the so-called transaction avoidance with intent, pursuant to § 133 of the German Insolvency... read more