No application for insolvency despite over-indebtedness

Financial Market Stabilisation Act eliminates capital requirement   Munich. In connection with the Financial Market Stabilisation Act (FMSTG), changes have been made to the Insolvency Code. Thus, the legislator has now restricted the obligation to file for insolvency for all companies in Germany without exception. To put it bluntly, even companies that have actually long […]

Lawyer for banking law in Munich

Banking law: errors in advice, credit traps and more As a lawyer for banking law, I know that a bank has been part of our daily life since our earliest childhood. Just remember your first savings book, which you probably got at primary school from the nice savings bank advisor next door. We withdraw money, […]

How much legal advice can financial service providers afford?

From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, attorney-at-law Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de. First of all, there must be a connection with a […]

Watch out for the credit trap!

Economically, financing often only makes sense if the money is invested profitably, i.e. the borrowing costs are lower than the return on the investment. But even if this is the plan, credit customers are repeatedly lured into financing traps. Then loan termination and destruction of existence are just around the corner. Case 1: Lack of […]

Destruction of existence through loan termination?

How bank customers can protect themselves   Economically, financing often only makes sense if the money is invested profitably, i.e. the borrowing costs are lower than the return on the investment. But even if this is the plan, credit customers are repeatedly lured into financing traps. Then loan termination and destruction of existence are just […]

Important points when taking out loans – beware of pitfalls

From an economic point of view, financing only makes sense if the money is invested profitably, i.e. the borrowing costs are lower than the return on the investment. But even if this is the plan, credit customers are repeatedly lured into financing traps. Dr. Johannes Fiala, lawyer, and expert Peter A. Schramm, Munich, have compiled […]

The BGH makes it possible: Reduce the bank’s debit interest to a maximum of 4% p.a. !

By Johannes Fiala* With interest rates down, many property owners and business owners want to reschedule to get cheaper financing: Debt restructuring at no cost and no compensation, plus money back from the bank. This is also the dream of many an investor whose capital investments have for years failed to yield what was promised […]

Reduction of debit interest rates of the bank to up to 4% p.a.

RA Johannes Fiala With interest rates down, many property owners and business owners want to reschedule to get cheaper financing: Debt restructuring at no cost and no compensation, plus money back from the bank. This is also the dream of many an investor whose capital investments have for years failed to yield what was promised […]

Pension commitment and insolvency

Insolvency application risk for pension commitments The so-called pension commitment or direct commitment is a common and extremely popular pension provision concept for managing directors, especially in medium-sized companies. Thousands of times thought of as a retirement provision for leading employees, this “tax savings model” was gladly recommended by tax consultants all over Germany and […]