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...
Our mother has passed away and the three of us children inherit in equal shares as final heirs (will available). One of my brothers is going through personal bankruptcy. In my mother's documents, I found a writ of execution that came from the opposin...
Hello and good day, I am pregnant during the probation period (01.01.2014 to 30.06.2014) with a fixed-term contract (end 31.12.2014). Section 2 of the probation period states: "This employment contract is provisionally concluded for a trial period of...
At one of our clients, the insolvency proceedings have been opened. We have a contract that has not yet been fulfilled with this client. We have requested the insolvency administrator to exercise his option according to §103 InsO, but he has not resp...
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...
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 ...
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 ...
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...
I am German and filed for private insolvency in Germany in 2008. I have been living in Switzerland for a month now and have been working here in a permanent position for 2 months. I am separated from my wife and my 10 year old son. My wife earns abou...
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...
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...
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...
Since the year 2000, I have owned some properties (farmland and green spaces) that are still burdened. I would like to sell them, but since August 2010, I have not received any information about the current level of property burdens. This information...
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...
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?...
Current situation: I work in the company of my partner (we have the same address, live together, but are not married). The company is a sole proprietorship, in which the owner is personally liable with his entire private assets in case of bankruptcy....
Dear Sir or Madam, We have signed an event agreement (see attachment) with a hotel for our wedding in May 2011, for the rental of the rooms and the execution of the event. We are now required to make a down payment of 2500,00€. The contract does not...
Dear Sir or Madam, I am self-employed and work as a booker for several clubs in Germany. A few months ago, I sent a booking request to a band for a music club. After negotiations, the concert date was set for November 20, 2010, with an agreed fee of...
The following problem: I purchased a Mercedes C32 T AMG vehicle from a large so-called insolvency auction at an auction house. The auction was a public auction conducted by a sworn and publicly appointed auctioneer. The vehicle was advertised in th...
The following problem: I have purchased a Mercedes C32 T vehicle at a large so-called insolvency auction at the biggest auction house in Hamburg, "Auktionshaus Meyer". The vehicle was advertised and promoted in the documents as having "full equipment...
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...
Dear Sir or Madam Lawyer, Thank you for your response to my question. I would like to know the following: I would like to renounce my inheritance and compulsory portion. My daughter, who would be next in line, lives on Harz IV with a part-time job a...
On the private property of my wife and me, a mortgage of the savings bank for a business loan is registered in the 5th and 6th rank. When the company went into insolvency in 2005, it was agreed with the bank that a relative of ours would pay an amoun...
I inherited a condominium from my parents. However, I still have 1 year left in an insolvency procedure (then the 6 years will be completed). This was caused by the bankruptcy of my husband's company, as I had co-signed for the bank matters (so no pe...
I have applied for the regular insolvency proceedings, including a deferral of the procedural costs. Now I am being told that my estranged wife is obligated to cover an advance payment of costs if she is financially able to do so. The debts stem fro...
