business law
In July of this year, the second civil senate of the German Federal Court of Justice (BGH) ruled that “the deliberate delaying of the filing for insolvency with the intention of delaying the end of a company, which is recognised as inevitable, for as long as possible, constitutes immoral damage within the meaning of § … more
“2024, the year in which narratives break, illusions burst and hollow promises will implode.“ Alexander Kissler via Twitter (here). While at the beginning of 2023 we could at least still look (somewhat hopefully) into the “cloudy crystal ball” (here), the extent of Germany’s malaise became increasingly clear over the course of the year and at … more
…and maybe not rotten to the core. Still, to forecast the development of the German economy is more an art than science: While we enjoyed a “promising start” in January (here), the February figures (here) put a serious damper on it. So let’s take a closer look on how the German economy fared in March … more
The German government is reacting to the worsening economic crisis (for the current economic situation, see here) and – possibly out of fear of the wave of insolvencies yet to be seen (for the current development of insolvency figures, see here, in German) – is “remodeling” the previous “COVinsAG” (for more details, see here) into … more
Everyone is talking about restructuring, so I am too. In my small series of in-depth articles on the SanInsFoG in general and the StaRUG in particular (see already here and here), I will now deal with the aspect of what “depth of reorganisation” the StaRUG actually stipulates (with a small, but important for future case … more
Hey, great that I may still experience this in my life-time! Almost ten years after my “Plädoyer für ein vorinsolvenzliches Sanierungsverfahren” (ZInsO 2011, 57, here, in German) and a good four years after my (rather rhetorical) question “Bedingt Sanierungsbereit?” (ZInsO 2016, 1778, here, in German), the has government (finally) finally presented the draft of the “Act on the Further … more
The laws enacted by the legislator at the end of March 2020 to mitigate the consequences of the corona virus pandemic (“Corona Consequences Mitigation Act” („Corona-Folgen-Abmilderungsgesetz“), see here for details) were limited in time and would have mostly expired at the end of September 2020. In view of the ongoing pandemic, some of the relevant … more
Although we will see in the following that not all but most indicators point to another record month of July (thereby topping June), there are at least some minor signs of trouble ahead – which still can be resolved easily, though. Hence, let’s take a deeper dive into the data: