When insolvency procedures relating to the assets of a contracting party are initiated, these severely limit the creditor’s rights. Moreover, there is a substantial risk that such proceedings will substantially diminish existing claims. We address this threat by acting quickly and capably to support our clients as creditors in enforcing existing claims at the best possible rate. In short, we aim, to realise existing securities in the course of insolvency proceedings and to repel claims of the insolvency administrator.
In the course of insolvency proceedings, we regularly deal with queries regarding the complete and timely filing of insolvency claims within the insolvency schedule, enforcement of preferential claims, realisation of insolvency-proof securities, realization of rights of segregation and separation, utilisation agreements with the insolvency administrator in case of existing separation rights (for example private sale of real property encumbered with land charges in favour of our clients; agreement on so called “cold” sequestration) and defence against claims of the insolvency administrator (i.e. revocatory actions pursuant to sec. 129 ff. German Insolvency Act).