19.07.2016 | answered by Jan Wilking
The request for a transfer of a mortgage bond was, in my opinion, morally reprehensible.
The mortgage bond (subordinately registered) was transferred so that the recipient (an investor for a software company) could pay overdue fees to the mortgage b...
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31.07.2014 | answered by Jan Wilking
A German acquaintance of mine has fathered a child in the Philippines, who will turn 11 years old this year. Because the mother and the child live in poverty, I have repeatedly asked him to take financial responsibility for his child, but he refuses....
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21.05.2013 | answered by Dr. Danjel-Philippe Newerla
As a creditor, I have a claim against a private individual for the remaining payment for the sold residential property (which has been occupied by him since the beginning of the insolvency), however, a bank as a lender has a significantly higher outs...
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01.12.2012 | answered by Jan Wilking
The GmbH is in liquidation, the blocking period is over. The creditors have been satisfied. The GmbH has not been deleted yet. Now there are complaints / warranty claims from customers. Is the GmbH still liable for this? There are no assets of the Gm...
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25.04.2012 | answered by Jan Wilking
Hello,
I have a question regarding the broadcasting fee.
Apparently, in 2004, I registered with the GEZ with a television set, which unfortunately I have forgotten about. I have not been asked to pay until today. Until today.
Now, I have received ...
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31.03.2012 | answered by Jan Wilking
In my tax assessment, the following sentence can be found: "The invoice for electronic books in the amount of 3059.50€ cannot be considered without proof of payment....". Submitted was a list of the e-books, the seller's address, my address, and the ...
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11.02.2012 | answered by Jan Wilking
A land partnership (GBR) consists of four partners (a, b, c, d). One of the partners (b) has had insolvency proceedings opened against them. According to the GBR agreement, the partner automatically leaves the partnership when insolvency proceedings ...
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23.11.2011 | answered by Dr. Danjel-Philippe Newerla
Hello,
I have the following problem:
First of all, I must say that I come from South Tyrol and therefore have Italian citizenship. Therefore, I am not very familiar with German law.
Since I am frequently on business trips in Germany, I often order th...
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11.09.2011 | answered by Jan Wilking
I purchased a vehicle at a so-called public insolvency auction.
The auction was carried out in the name of a third party and for their account. It later became clear that it was for a used car dealer.
The auction catalog explicitly stated for this ...
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27.07.2011 | answered by Jan Wilking
Our former tenant left behind rent arrears for which we have an enforceable title. When we tried to enforce it, the court informed us that there is an ongoing insolvency proceeding. The insolvency administrator, in turn, informed us that the insolven...
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09.05.2011 | answered by Steffan Schwerin
Does a biological daughter have a compulsory portion claim if the father's 100% share in a GmbH is inherited by someone else? Can a creditor legally enforce the compulsory portion claim or inheritance supplement claim of a debtor if the debtor has wa...
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03.05.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I am currently working as an independent sales representative in network marketing, which means I have an irregular income. I live in the new federal states of Germany. Two years ago, I filed for regular insolvency and am therefor...
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10.04.2011 | answered by Tobias Rösemeier
Hello,
We have a very sad problem in the family. My sister became a widow last week. The death of my brother-in-law has deeply affected us all. And on top of all the grief, there are now financial problems (debts, 2 young children...).
Upon reviewin...
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17.03.2011 | answered by Jan Wilking
Dear Mr. Lawyer,
I will soon be facing the issue, as attached, that after discharge of debts, mortgages should remain in place or the encumbered property could be auctioned off in case of emergency. As the client writes, it doesn't make sense to con...
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28.02.2011 | answered by Dr. Danjel-Philippe Newerla
What is the statute of limitations in the case of insolvency if the insolvent person has passed away during the period of good conduct and there are heirs? Tax office as a creditor of the insolvent deceased?...
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04.02.2011 | answered by Michael Vogt
Due to a dispute with a creditor, my wages and/or bank account could be garnished. Normally, after a wage garnishment, the non-garnishable amount of my wages (approximately 2,000 euros) would be available to me. However, if a bank account garnishment...
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29.01.2011 | answered by Bernhard Müller
My question relates to the debt relationships / the law of obligations.
In this context, both contractual and statutory obligations are to be explained.
Among other things, the following points should be addressed:
1. Types
2. Formation
3. Differe...
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15.10.2010 | answered by Dr. Danjel-Philippe Newerla
My sister, 71 years old, married for 50 years, receives a minimum pension of 620.00 euros and her "ex-husband" is moving into a condominium that he quickly bought and a truck as of 1.11. He is a self-employed transport contractor, with his son employ...
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16.08.2010 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
My private insolvency will end in October 2010. Several pieces of land (grassland, farmland) were taken from the insolvency estate at the beginning of the insolvency proceedings, which according to the insolvency administrator wil...
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02.07.2010 | answered by Dr. Danjel-Philippe Newerla
Hello,
I have agreed to a payment plan of 150 EUR with a company represented by a law firm (total amount 1,200 EUR). My income was 680 EUR net. I then became pregnant and wanted to arrange a payment plan of 50 EUR per month with the company. This wa...
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02.06.2010 | answered by Bernhard Müller
Dear Sir or Madam,
In order to build our single-family house, my wife (daughter) and I (son-in-law) jointly entered into an interest-free loan agreement with my mother-in-law for a period of ten years (until 2016). During the marriage, I have alread...
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28.05.2010 | answered by Dr. Danjel-Philippe Newerla
Hello!
The following problem is bothering me!
Yesterday, I viewed a new apartment and also got it. I signed a preliminary contract and provided all my personal data. I also had to consent to the German Annington obtaining information about my creditw...
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18.03.2010 | answered by Claudia Mölleken
Hello,
I recently filed for bankruptcy as a self-employed individual. I want to continue being self-employed and earn a reasonable income from my work.
Now I am considering joining a franchise system in addition to my current business. This would i...
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14.03.2010 | answered by Bernhard Müller
In 1986, I reported my car as stolen. Since that time, I had stored the vehicle in a garage. The vehicle was discovered in the garage in 2009, 23 years later. In 2009, the insurance company became aware of the vehicle's whereabouts. The comprehensive...
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23.02.2010 | answered by Andreas Scholz
Unfortunately, 5 years ago I co-signed as a borrower 2 on a car loan. Now borrower 1 is no longer paying and Santander is now asking me for the remaining amount. When the contract was signed, only the ID was required and not a pay slip. Is this legal...
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