Insolvency Archives - Rechtsanwaltskanzlei München

Published on: 4. December 202017. February 2021

How strong claims management becomes a dangerous “service”?

The Federal Court of Justice (BGH, ruling of 07.07.2020, ref. VI ZR 308/19) decided that an employed claims adjuster is (co-)liable in tort if he uses his alleged expertise for an injured party by exerting influence on the performance of third parties; § 823 I BGB. In the case in question, the injured party […]

Published on: 14. September 20202. December 2020

Corona aids: With state aid in insolvency and poverty in old age

– How self-employed persons and GmbH managing directors also lose their pension provision ? – In the so-called Corona crisis, the state helps, for example by providing tax relief – such as reducing advance payments and deferral of payments upon application. This applies to income tax, corporate income tax and value added tax, but not […]

Published on: 5. May 2020

Company pension scheme: Company loses all its pension assets to insolvency administrator

– OLG Naumburg: Consultants are liable for losses and incorrect advice – Insolvency administrator draws company and private pension provision completely an investment broker and insurance brokers are happy to advertise company and private pension provision for entrepreneurs as “seizure-proof and insolvency-proof”. However, this is not the case, as a recent ruling by the […]

Published on: 5. May 2020

Company pension scheme: Company loses all its pension assets to insolvency administrator

– OLG Naumburg: Consultants are liable for losses and incorrect advice – Insolvency administrator draws company and private pension provision completely to an investment broker and insurance brokers are happy to advertise company and private pension provision for entrepreneurs as “seizure-proof and insolvency-proof”. However, this is not the case, as a recent ruling by […]

Published on: 5. May 20202. December 2020

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 […]

Published on: 23. April 20206. August 2021

Total loss for pension scheme of the managing partner in GmbH insolvency

– New BGH ruling: How the insolvency administrator achieves recovery and immediate realization The most common form of company pension scheme (bAV) for the managing partners is the pension commitment. A new ruling by the Federal Court of Justice (BGH ruling of 18 July 2013, file no. IX ZR 219/11) opens up further possibilities […]

Attorney Asset protection Asset protection

Published on: 15. January 202026. January 2021

Lawyer Asset Protection in Munich

Asset protection: Protect your private or business assets from creditors and insolvency From our daily practice we know that there are a number of different ways to lose your assets and also your old age provision. The classic cases in the private sector go far beyond the extent of inflation and tax liability. For example, […]

Published on: 14. January 20202. December 2020

Legal restriction to the surrender value in the event of revocation of life insurance policies is contrary to EU law

– Current ECJ ruling opens up reversal with perpetual cancellation right also for new life insurance policies since 2008 – The bang of the European Court of Justice (ECJ) The European Court of Justice ruled (ruling of 19 December 2019, ref. C355/18, C-357/18, C-479/18) that a provision in insurance contract law according to which […]

Published on: 11. November 20192. December 2020

Pension funds are not allowed to withhold health insurance contributions on private pension part

– This leads to further legal disputes about the “correct” determination of contributions – The Federal Constitutional Court (BVerfG, decisions of 27.06.2018, ref. 1 BvR 100/15, 1 BvR 249/15) decided that benefits from a pension fund (PK) – which are based on contributions made privately by the employee – are not subject to any […]

Published on: 1. November 201926. January 2021

Company pension scheme Managing director and shareholder-managing director

Loss of company pension scheme for managing directors in the event of insolvency The company pension scheme has increasingly become the focus of public interest in recent years due to changes and adjustments in pension policy. Politicians are increasingly shifting the issue of pensions into the personal responsibility of employees and employers, which means that […]

Phone:	+49 (0)89 – 17 90 90 – 0
Skype:	Dr. Johannes Fiala PhD
Fax:	+49 (0)89 – 17 90 90 – 70
E-Mail:	info@fiala.de

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