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In the early summer of 2013, after Act to further facilitate the restructuring of companies (ESUG) came into force, Suhrkamp Verlag GmbH& Co. KG went bankrupt, which caused heated discussions in different hierarchical courts at the federal and state levels and among the public media. The Suhrkamp insolvency gave rise to a number of controversial questions about the relationship between company law and insolvency law under the ESUG. First of all, this case is a typical case related to in- and out-of-court restructuring. Resolving disputes in the case of Suhrkamp is still of practical significance.
On the other hand, by analyzing and resolving disputes in the case of Suhrkamp, it can be further clarified whether the new regulations in the ESUG are reasonable. These disputes include: Do the company’smanagers have to get the approval of the general meeting of shareholders before filing an application for insolvency? Is it possible to prohibit majority shareholders from voting for the plan due to the duty of loyalty in the company law? Should the plan according to Art. 245 and Art. 248 of the Bankruptcy Law be confirmed? Does the bankruptcy law provide sufficient legal remedies for minority shareholders?
With the emergence of the epidemic and the digital economy, bankruptcy cases will inevitably increase worldwide in the future. How to regulate the right of shareholders in bankruptcy cases and balance the interests of shareholders in in-of-court restructuring is a problem that all countries face. Also in Germany, legislators hope that the new regulations can promote the success of company restructuring. However, one of the most important aspects is how shareholders can reasonably participate in the plan of bankruptcy.
keywordsAnteilsinhaber Eigenverwaltungsverfahren Insolvenzrecht Jura Rechtsschutz Rechtswissenschaft Suhrkamp-Insolvenz Treuepflicht
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