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bankruptcy proceedings

Hello, I am reaching out to you because my lawyers cannot handle this matter due to a conflict of interest. I was self-employed until recently and sold my company. By chance, the borrower (buyer) was from the same bank where I also had loans. When the bank heard about the sale, they immediately initiated insolvency proceedings. The buyer's loan was approved and withheld at the same time, except for the down payment for the transfer. The amount that the bank is demanding would be covered by the remaining proceeds from the sale. However, both the bank and the insolvency administrator categorically refuse this. Following my lawyer's advice, I proposed a solution to the insolvency administrator because my lawyer said that if the requested sum is paid, the process will be completed. I suspect that the insolvency administrator and the bank are working together, why are these gentlemen so eager to push me into insolvency? What can be done to get me out of this situation? I am willing to pay the requested amount to the bank, but they do not want the money, they want the insolvency! Please help me!

Andreas Scholz

Dear questioner,

if the Sparkasse has filed for insolvency as a creditor, it assumes that you are insolvent, §§ 13, 17 InsO.

Furthermore, I assume that the Sparkasse is not the only creditor, but that there are multiple creditors.

The insolvency administrator has the power to dispose of the assets, § 80 InsO.

The insolvency court supervises the actions of the insolvency administrator, § 57 InsO.

In your case, I advise you to report the actions or statements of the administrator to the court, so that it can then possibly review his behavior. At the moment, you do not have any other way to have the administrator's behavior reviewed.

I hope I have been able to help you further by pointing out this possibility. If you have any questions, please ask.

Best regards,

Andreas Scholz, Attorney

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Andreas Scholz