R. Güther

Insolvenzanfechtung d.Deckung R. Güther German edition

The work deals with the relationship of temporary bankruptcy administration to the bankruptcy dispute in the opened proceeding. This theme generally receives great attention in case law and literature. However, the particular questions to which the work is dedicated have not been previously addressed at the center of academic discourse, although they are of great practical relevance both for the temporary bankruptcy administrator and the creditors. In fact, a circular argument exists between the security of the assets and the equal treatment of creditors in the temporary bankruptcy proceeding. This clearly emerges if not only the debtor, but also the temporary bankruptcy administrator is involved in the disputed legal action, and if the opposing party refers to his confidence in the legally validity of the legal action. Both decisions of the BGH [German Federal Supreme Court] from March 13, 2003, which are the focus of the work, deal with this combination.