Doktorarbeit: Der Besitz des Insolvenzverwalters nach § 166 I InsO

Der Besitz des Insolvenzverwalters nach § 166 I InsO

Insolvenzrecht in Forschung und Praxis, volume 120

Hamburg , 178 pages

ISBN 978-3-339-12452-4 (print)
ISBN 978-3-339-12453-1 (eBook)

about this book

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The author focuses on the question, which has been highly controversial for 20 years now, whether the insolvency administrator is entitled to realization within the scope of Sec. 166 I German Insolvency Code (InsO) if the insolvency administrator is only the indirect owner of the movable property. Particularly in constellations of leasing, renting and lending, the situation within the framework of § 166 I InsO is often such that the creditor entitled to separate satisfaction is the indirect owner on the basis of the security agreement, while the indirect ownership of the insolvency administrator follows from the leasing/rental/loan agreement with the direct owner. The author systematizes the case law of the Federal Court of Justice on this highly practical complex of issues and incorporates his own views. Because of the liquidation and determination lump sum in the amount of altogether 9% from § 171 f. InsO, which flows into the insolvency estate in the event of the insolvency administrator’s right of liquidation, but also because of the value of the security for the person entitled to separate satisfaction, this topic has the highest practical relevance. Not least because the author deals intensively with the case law on globally securitized shares in the context of § 166 I InsO. In addition, a possible analogous application of § 166 InsO to GmbH shares is discussed. Since this has not yet been decided by the Federal Supreme Court, persons entitled to separate satisfaction and insolvency administrators alike can only rely on well-elaborated literature opinions, which this work undoubtedly counts as. Particularly for major banks, which often come into question as parties entitled to separate satisfaction and are represented by major law firms for this purpose, the work provides an outstanding systematization of the case law on all decisions issued to date on § 166 I InsO. However, the work also provides important information for insolvency administrators in the context of §§ 148 and 166 InsO. It can serve as a reference work for problem cases in the context of finance leasing, share purchases and the liquidation of company shares. Finally, the author provides important information on consensual solutions between the insolvency administrator and the persons entitled to separate satisfaction within the framework of §§ 166 et seq. of the InsO through liquidation agree-ments.

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