Encrochat: Constitutional complaint failed
8. October 2024
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If your company is in an economic crisis, is threatened with insolvency or is already insolvent, the law firm Höchstetter & Koll. is a competent and experienced partner at your side to help you deal with the issues that arise. We are your competent lawyer for criminal insolvency law in Munich.
Contact us by phone or via our contact form, we are also happy to assist you in person at our office in Munich.
As a lawyer for criminal insolvency law in Munich, we advise and represent our clients on how insolvency can be avoided, when and how to file for insolvency , but also on the topics of drawing up an insolvency and reorganization plan and avoiding criminal and private consequences in the context of insolvency proceedings.
We also keep you up to date with the latest legal resolutions, etc. For example, on July 1, 2020, the German government passed a draft law to shorten the residual debt discharge procedure. You can find all the information on our news page.
Frequently asked questions about insolvency law to lawyer Dr. Klaus Höchstetter
Insolvency must be filed if a company or person is insolvent, i.e. unable to pay its debts as they fall due, or if it is over-indebted. The deadline for filing for insolvency is three weeks after the occurrence of insolvency or over-indebtedness.
Insolvency exists if the debtor is unable to meet its liabilities as they fall due. Over-indebtedness exists if the liabilities exceed the available assets, unless there is a positive going concern forecast for the company.
First, a thorough analysis of the financial situation must be carried out to determine whether insolvency is unavoidable. The insolvency application must then be filed with the competent court. The court examines the application and appoints an insolvency administrator to manage the proceedings.
Yes, under certain conditions, a company can continue to operate after insolvency. An insolvency plan makes it possible to restructure the company and offer creditors a partial payment to save the company.
The insolvency plan is an instrument of insolvency law that provides for the restructuring of a company instead of liquidation. A plan is drawn up that stabilizes the company’s financial situation and offers creditors a regulated repayment. The plan must be accepted by the creditors and the insolvency court.
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Kobellstraße 10
80336 Munich
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Phone: +49 (0)89 74 63 09 0
Fax: +49 (0)89 74 63 09 99
E-mail: info@hoechstetter.de