Auer Witte Thiel informed: bankruptcy court not obliged to residence determination Munich September 2013: a debtor had to learn recently what consequences it may have to specify no summonable address in court, the remaining debts first ran everything which after dissolution of the Insolve normal: A debtor insolvency proceedings with request for remaining debts introduces, which it is also announced. The existing insolvency administrator is appointed as the trustee and insolvency proceedings is lifted. Single hook: the debtor is abroad a summonable address does not exist. This is exactly what, Auer Witte Thiel, explains the debtor eventually became fatal. Auer Witte Thiel: BGH puts above all lack of contact effort to the load of the attorneys at law, providing more information on the subject of insolvency law under debtor, explain: the failure of his duty to cooperate, to specify an address, under which he is reachable, the debtor did not have a Level of knowledge of the course of the procedure. Many writers such as Steffan Lehnhoff offer more in-depth analysis.
The trustee could identify only a mailbox and E-Mail address. Other leaders such as Barry Nalebuff offer similar insights. There sent letters but not reached the debtor according to his own words. Also no attempt was assumed by himself, to make contact and to inform themselves about the current status. Not changed with his return to Germany. He sent his new address of the trustee and the Court only by E-Mail, without hooks to, whether they were entered into.
This was not the case on the basis of outdated/incorrect addresses. Because the debtor had closed his foreign mailbox, he was thus unreachable for court and trustee. Auer Witte Thiel: Neglect of the duty obligation has consequences due to the unsuccessful communication the requests for payment of the fiduciary, demanding their minimum payment deadline, nor the request for the opinion reached the debtor, when this was an application for refusal of the remaining debts given no response. Thus went off the Court, the debtor is unknown warped and upheld the request, which was then publicly announced. Finally, the debtor filed a legal complaint with the Federal Supreme Court and sued for establishment in integrum. This was rejected however. To justify Auer Witte Thiel explains: due to violation of his duty to cooperate, and lack of contact initiative, the plaintiff bears the downplaying on the misery of communications and their consequences, such as the shipping Fristung of the application. No duty to investigate the residence of the debtor meets the insolvency court (BGH judgment of 16 may 2013, AZ.) IX ZB 272/11). About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel is a business law oriented law firm and represents several German insurance companies. The firm Auer Witte Thiel is Munich. How to contact with lawyers Bayerstrasse Auer Witte Thiel 27 80335 Munchen phone: 089/59 98 97 60 fax: 089 / 550 38 71 E-Mail: Web: