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Special Report on

German Insolvency Law

german insolvency law special research report Photo by
In the wake of numerous large corporate insolvencies in 2009, German law firms have increasingly been tasked with representing creditors of insolvent businesses. Given the multi-jurisdictional scale of many of these insolvencies, creditors (e.g., suppliers, lenders, shareholders or affiliated entities) are often located outside of Germany. The following note provides a brief overview of the position of creditors in the context of a German insolvency. It is intended to primarily assist foreign businesses and their counsel to understand the filing of a creditor claim in a German corporate insolvency scenario. Application for the ...
Dataquest. Headquartered in Munich, Germany, Qimonda is a 300 mm manufacturer, and is one of the top suppliers of DRAM products for the PC and server markets. Infineon still controls a 77.5% stake, which it has written down (2008). Infineon was on record as having the aim of divesting itself of this stake, with the purpose of becoming a minority stakeholder in 2009. The company has issued 42 million ADR shares, each ADR share representing one ordinary share in Qimonda. At its height in 2007, Qimonda employed approximately 13,500 personnel worldwide, from whom 1,800 were employed in R&D with access to four 300 mm ...
T 1533/07 – Insolvent Yet Alive
The present decision deals with another case of bankruptcy during opposition proceedings; it contains some interesting statements on a little known rule: R 84. [2] The [opponent’s] request for a suspension of the proceedings, based on an analogous application of R 84(2), the wording of which is identical to the wording of R 60(2) EPC 1973, cannot be granted, for the following reasons. The opposition proceedings can be continued by the EPO of its own motion if the opponent dies or loses its legal capacity (R 84(2)). This rules allows to continue the opposition proceedings without the participation of the heirs or the legal ... market research, surveys and trends
Spring redundancy roundup – games industry job losses in 2010 ...
I’ve been flat out all year on consultancy projects (which is great – do contact me via nicholas at if you want to discuss how I can help you with self-publishing or building a long term games strategy). But it means that I have neglected the Job Loss Tracker . To catch up, here are nine job loss events in the games industry which I missed. Sorry to give you so much bad news in one go. All have been added to the Job Loss Tracker . 3rd May, 2010 US games retailer Movie Gallery is to close with the loss of 19,000 jobs, according to a Wall Street Journal article (thanks to Joystiq for telling me what’s behind ... market research, surveys and trends


Qimonda Files for Insolvency After Financing Failure (Update4 ...
a unit of chipmaker Infineon Technologies AG, sought protection from creditors after failing to secure sufficient financing following a slide in memory-chip prices this year. “The deterioration of the financial position of Qimonda in recent months” led to the insolvency filing, Munich-based Qimonda said in an e-mailed statement today. The company, which has 12,200 employees, said in December it would get a loan of 325 million euros ($420 million) from the German state of Saxony, Infineon and a unidentified Portuguese bank as part of a rescue package. This financing package couldn’t be completed in time, Qimonda said today. Prices of industry trends, business articles and survey research
ABI Commercial Fraud Task Force Committee Newsletter
The term “fraudulent insolvency” needs explaining before we go any further: It is an insolvency either caused by or involving criminal acts. “Pure fraudulent insolvency” caused only by criminal acts—generally by fraudulent misrepresentation—is a form of insolvency practiced by suppliers of financial services or other intermediaries.   The more frequent form of fraudulent insolvency is the so-called mixed variety—caused by a combination of commercial crises and criminal acts. This form of insolvency is generally associated with large-scale false accounting in the annual ... industry trends, business articles and survey research
How rights of preferred stockholders are affected by insolvency plan ...
The German Federal Civil Court (BGH) in its decision of 15 April 2010 (IX ZR 188/09) clarified the legal position of holders of preferred stock in insolvency plan proceedings. Please log in below to access the full article. If you are not an existing Lexology subscriber, please register for the free daily legal newsfeed service here . On 6 May 2010, the Federal Court of Justice (FCJ) overturned a decision of the Federal Cartel Office (FCO), that had been confirmed by the Higher Regional Court (HRC) of Dusseldorf in the appellate instance, which in 2007 had prohibited Phonak/Sonova from acquiring the hearing aids ... market trends, news research and surveys resources
FinSys Update: OECD: May Indicators Confirm Looming Slowdown
WASHINGTON (MNI) - The following are events and news reported Friday ET related to the financial crisis and other top news in the global financial system: * Leading indicators in May reinforce previous signals of a looming slowdown in many of the G7 countries and some emerging economies, the Organization for Economic Cooperation and Development said Friday. Composite leading indicators (CLIs) "continue to point to an expansion but with stronger signals of a slowing pace of growth than in last month's assessment," the OECD said. The rise in the composite leading indicator (CLI) for the OECD area ... market trends, news research and surveys resources


The German Insolvency Law
Introduction to German Insolvency Law. 1. The insolvency law in Germany has ..... The insolvency plan is one of the cores of the new German insolvency law. ... technology research, surveys study and trend statistics
Legal Assistance - U.S. Embassy Copenhagen, Denmark
DISCLAIMER:  The U.S. Embassy Copenhagen assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the following persons or firms.  Inclusion on this list is in no way an endorsement by the Department of State or the U.S. Embassy.  Names are listed alphabetically, and the order in which they appear has no other significance.  The information in the list on professional credentials, areas of expertise and language ability are provided directly by the lawyers; the Embassy is not in a position to vouch for such information.  You may receive ... technology research, surveys study and trend statistics
The John Marshall Law School - Jason Kilborn
After law school, Jason Kilborn clerked for Judge Walter K. Stapleton of the U.S. Court of Appeals for the Third Circuit. He then was a bankruptcy associate with Cleary, Gottlieb, Steen & Hamilton in New York and at Wilmer, Cutler & Pickering in Washington, D.C. Professor Kilborn taught for six years at Louisiana State University, and as a visiting assistant professor at the law schools at the University of North Dakota, Chapman University, and the University of Texas. In his scholarship, Professor Kilborn has developed a specialization in the comparative analysis of legal regimes for combatting consumer financial ...
German Law: german insolvency law, insolvency law, germany company
German legal issues on inheritance, divorce, alimony, child custody and support, last wills and testaments, and other problems involving international family and civil law. Experience I am a certified German laywer with professional experience in both German and American law firms. Since 2001 I have been working independently at my firm, German Legal Services. I have represented hundreds of clients on matters involving US-German legal issues. One of my firm's areas of specialization is in divorce and child support and custody issues between members of the U.S. Armed Forces and German civilians. Organizations World Affairs ...
German Law - Questions and Answers from February 18, 2009 to March ...
  A: Good evening Ma'am, I don't usually practice citizenship or immigration law anymore, but I will try ...   Q: My wife is German and we live in the United States. She still has her German Citizenship. Her ...   A: I would advise you that your wife and her brother revoke the granted power-of-attorney at the banks ...   Q: My husband was in the military and married a German woman while stationed in Germany. He later got ...   A: Karen: German courts require a translated (by a certified German translator), notarized copy of the ...   Q: I am an American, born in America from German ...