Recognition of liabilities in insolvency proceedings: legal certainty regarding claims not filed with the insolvency schedule
Summary In the case at hand, Z company, which was an indirect shareholder of a GmbH (a German limited liability company), had given two loans to that GmbH. In 2009, insolvency proceedings were opened over the assets of the GmbH on the grounds of illiquidity and over-indebtedness. Z company initially filed its loan receivables with…

