redistribution by decision of the insolvency court during the probation period.
October 29, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Madam Lawyer/ Dear Sir Lawyer,
In March 2006, my insolvency proceedings were opened and since January 2008 they have been terminated and I am now in the phase of good conduct.
In June 2003, I transferred my motorcycle as security to a lender. He received the vehicle registration document and was considered the owner of the motorcycle. If I could not repay the loan, which was granted in the value of the motorcycle, the owner could have sold or used the motorcycle at any time. However, he allowed me occasional use for club events on the condition that I pay for insurance, taxes, and any damages caused by me.
The lender was not listed in the list, as neither he nor I had any debt. After all, the lender owned the motorcycle. Now the trustee claims that I made false statements in the application and has obtained a decision from the insolvency court that this motorcycle should be handed over to him for disposal. There was no judicial process for this and even the clerk of the insolvency court doubts that this security transfer took place. Written and oral requests from the lender to my trustee to release the vehicle registration document (which was blocked by the trustee) have not been answered. He has now also hired a lawyer.
I want to appeal against this decision because my fresh start is at risk if the trustee now claims that I did not declare possession in the application and also did not provide security. My question: Can the trustee demand and dispose of this motorcycle?
I don't know what to do anymore. Currently, I am living on Hartz4 benefits, as I lost my job again and without fault. I can offer no more than 20 euros. Is that okay for answering the question?
Dear advice seeker,
Thank you for your inquiry!
I would like to address your question as follows, taking into consideration the situation you have described:
If I interpret your account correctly, you did not report the motorcycle to the insolvency administrator, nor did you declare the security transfer.
Ultimately, it will be crucial for you to prove that you transferred ownership of the motorcycle to the lender for security purposes before the insolvency proceedings began in 2006.
If you are able to provide this proof, the lender would have a right of segregation over the motorcycle according to § 51 No.1 of the Insolvency Code. This would allow the lender to initiate a forced sale of the motorcycle to satisfy the loan repayment claim.
Any surplus from the sale proceeds would be included in the insolvency estate, which is why the insolvency administrator/trustee would have a certain interest in this matter.
However, if you cannot prove the security transfer, the trustee would unfortunately have a legitimate claim to the motorcycle in order to sell it for the benefit of the creditors.
I would like to emphasize the following:
The legal advice I have provided is based solely on the information you have provided. It is only a preliminary legal assessment and does not replace a comprehensive evaluation of the situation.
Adding or omitting relevant information can lead to a completely different legal outcome.
I hope this information has been helpful. Feel free to contact me through this platform or via email for further inquiries.
I am also available for further legal representation. If you choose to engage my services, the initial consultation fee paid here would be credited in full.
Wishing you a pleasant Thursday morning!
Best regards,
Dipl.-jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax 0471/3088316
