Insolvency law

Insolvency is rarely a disgrace Insolvencies of large and small companies are almost part of the daily news agenda. Terms likeinsolvency practitioner, reorganization, creditor or insolvency proceedings are familiar to everyone. However, we know from practice in our firm that very few people are aware of the exact meaning of a insolvency or insolvency proceeding. […]

Insurance benefits and insurance premiums in the event of insolvency of the insurance customer

Insolvency creditors normally have to register their claims in the table and can immediately write off up to more than 90%. The rate is often just above zero. Nevertheless, there are numerous exceptions to the rule of how to get your money despite the insolvency of the debtor.   Maintenance obligations and intentional tort   […]

No protection against malicious actions

– How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law – VW is – hopefully – not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which […]

Punishable Wahndelikt – Confession of permitted manipulation?

How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law and pilloried through American glasses, Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain in a multi-part article. The first part was about the “Racketeer Influenced and Corrupt Organizations Act”, a US federal law that makes this kind of jurisdiction possible. […]

Sale and assignment of pension insurance policies before own insolvency

“Live today – save later” – this is often the motto when an annuity insurance policy is to be sold for a one-off payment. Some insurers offer this to their customers due to an emergency situation even if there is no longer a contractual legal claim to it after the start of the pension. On […]

Live better today – and rely on a snowball system in the future?

The subject of pensions is not easy, but it is enormously important for the future, no matter what stage of life you are currently in. Network-Karriere has asked the Munich lawyer Dr. Johannes Fiala and the pension specialist Dipl.-Math. Peter A. Schramm to prepare the most important facts: “Live today, save later” is often the […]

Permits for guardianship of minors, care and administration of the estate

Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]

Volkswagen or the Mafia – who is a criminal organisation?

VW is not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which perhaps until today one did not even know for sure whether one had done it at all – but […]

Penalty payments instead of imprisonment are prohibited in the case of creditor disadvantage

– Do insolvent debtors have to go to jail for the benefit of their creditors? –   “If the debtor pays a fine knowing that he is unable to pay, the challenge of intent may prevail if the enforcement authority is informed of the debtor’s unfavourable financial situation.” is the official guiding principle of the […]

Tax liability for the snowball system and for fictitious returns

Total losses fall under non-taxable assets and are not deductible. Snowball systems have been the order of the day in Germany for decades. Typically, high-yielding, even supposedly bank-guaranteed, investments are offered. Or the investor is sold shares, gold, diamonds or commodities that do not exist. The providers of such investment models often falsify asset certificates […]