Insolvency proceedings against the employer’s assets (insolvency debtor) are initiated if one of the grounds for insolvency as defined in Sections 17f et. of the German Insolvency Code (Insolvenzordnung, InsO) applies (§ 16 InsO), i.e. if the insolvency debtor is either unable to pay (Section 17 InsO), at risk of being unable to pay (Section 18 InsO) or is over-indebted (Section 19 InsO). When insolvency proceedings are opened, the right of the insolvency debtor to independently manage and dispose of the assets belonging to the company passes to the insolvency administrator (Section 80 (1) InsO). For claims arising from company pension schemes, this means that, from the time of the opening of the proceedings, the…
Insolvency Guardian
Insolvency Services & Bankruptcy Advice
