Law Appeals Against Legal Action By A Debtor Outside Of Insolvency Proceedings

Original Language Title: Gesetz über die Anfechtung von Rechtshandlungen eines Schuldners außerhalb des Insolvenzverfahrens

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Law appeals against legal action by a debtor outside of insolvency proceedings (legal act - Momig) Momig Ausfertigung date: 05.10.1994 full quotation: "challenge Act of 5 October 1994 (BGBl. I p. 2911), most recently by article 16 of the law of December 9, 2010 (BGBl. I S. 1900) has been changed" stand: last amended by article 16 G v. 9.12.2010 I 1900 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1. 1.1999 +++) the G has been chosen as article 1 G v. 5.10.1994 I 2911 (further) by the Bundestag. It is under article 110 § 1 of this G mWv 1.1.1993 entered into force.

Section 1 principle (1) acts of a debtor, that disadvantage his creditors, can be challenged outside of insolvency proceedings in accordance with the following provisions.
(2) an omission is equivalent to a legal act.

§ 2 legal entitled to challenge each holder may, which has become an enforceable debt and its need is due, if the enforcement in the assets of the debtor did not lead to a full satisfaction of the creditor or to accept is, that she would not lead.

§ 3 intentional discrimination (1) appeal is a legal act which the debtor has made in the last ten years before the dispute with the intent to disadvantage his creditors, if the other part at the time of the plot knew the intent of the debtor. This knowledge is assumed if the other part knew that the insolvency of the debtor was threatened and that the story was tilted against creditors.
(2) paid is a contract closed with a related person (§ 138 of the insolvency regulation) by the debtor, the its creditors directly discriminates against appeal. The dispute is excluded, if the contract has been earlier than two years before the Appeal concluded, or if at the time of the conclusion of the contract a the debtor's intent to disadvantage the creditors, the other part was not known.

§ 4 a free performance of the debtor's gratuitous performance (1) is voidable, unless unless it is earlier than four years before the appeal has been made.
(2) the performance depends on a common opportunity present of low value, it is not subject to appeal.

The heritage from the estate reserved portion claims, legacies or requirements fulfilled § 5 acts of the heir, so an estate creditors, which would be the recipient of the service with the rank or are of the same in the insolvency proceedings of the estate, may challenge the performance in the same way as a gratuitous performance of the heir.

§ 6 shareholder loan (1) an act is no. 5 of the German insolvency code countervailable for the claim of a shareholder on repayment of a loan in the meaning of § 39 para 1 for a similar claim 1 has provided backup, if the action has been carried out in the last ten years before obtaining the enforceable debt or after, or 2 has given satisfaction, if the action has been carried out in the last year before obtaining the enforceable debt or after.
A motion for opening insolvency proceedings dismissed the Insolvency Act to § 26 para 1, before the creditor has obtained an enforceable debt, the rescission period begins with the request for opening of the insolvency proceedings.
(2) the appeal is excluded, if three years have elapsed after the end of the year in which the creditor has obtained the enforceable debt. Was the Act later carried out, so the challenge three years after the end of the year is excluded, in which the action has been carried out.

Section 6a of the secured loans is appealable to a legal act of a society stuck a third party for a claim to repayment of a loan within the in section 6, subsection 1, sentence 1 No. 2 and set, gave satisfaction 2 mentioned terms if a shareholder for the claim had ordered a security or as a guarantor; This applies mutatis mutandis to benefits on claims that economically correspond to a loan. 6 para 2 apply accordingly § 39 para 4 and 5 of the Insolvency Act and §.

§ 7 calculation of time limits (1) that are 3 and 4 specific deadlines in the § § from the time back calculations, in the voidability Court is sought.
(2) the creditor before he had obtained an enforceable debt or his demand was due the challenge opponents his intention of the Act to challenge, communicated in writing, so is the period from the time of access of the communication back-calculated when already at this time, the debtor was unable to pay the creditors, and up to the expiry of two years since this time the Countervailability is claimed Court.
(3) in the periods, the time is not included, while the action number 4 to 6 of the Banking Act were arranged according to article 46, paragraph 1, sentence 2.

§ 8 time perform of a legal Act (1) an act is to be made in the time in which their legal effects occur.
(2) an entry in the land register, in the ship register, the shipbuilding register or the register of liens on aircraft is for the effect to become of a legal transaction required, so the legal transaction is considered, if the other requirements for effective becoming are met, the Declaration of intent of the debtor for him has become binding and the other part has made the request for registration of the change in law. Is the application for registration of a flag set to the securing of a claim on the change in law, set 1 with the proviso that this request to the Agency of the application for registration of the change in law shall apply.
(3) in the case of a conditional or temporary legal act remains the entry of condition or date not taken into consideration.

§ 9 challenge the voidability can be claimed through defense in the way of the defense, before a debt enforceable for the claim is acquired. the creditor has to teach them but before the decision is taken within a period to be determined by the Court.

§ 10 of enforceable title challenge is not excluded that an enforceable debt obtained for the legal action or that the action is been obtained by enforcement.

§ 11 legal consequences (1) what is sold, given away or abandoned by the actionable Act from the assets of the debtor, must be provided the creditor, insofar as it is necessary to satisfy. The provisions concerning the legal consequences of an unjust enrichment of the receiver of the lack of the legal reason is known, shall apply mutatis mutandis.
(2) the recipient of a free performance has only to make it as far as he is enriched by them. This does not apply if he knows or the circumstances need to know that the gratuitous performance disadvantage the creditors.
(3) in the case of rescission under section 6a, the shareholders, who had ordered the security or sticks as a guarantor, has to tolerate enforcement in his fortune with which he sticks as a guarantor or corresponding to the value of security ordered by him at the time of the repayment of the loan or the performance on the equal requirement to the extent of the amount. The shareholder is free from the obligation, if he provides the objects which had served the creditors as collateral, the creditor.

§ 12 challenge opponent's claims for the reimbursement of a return or because of a claim that revive as a result of the dispute, the challenge opponents can hold only to the debtor.

§ 13 specific claim is asserted the appeal claim by way of complaint, the claim has determined to describe to what extent and in what way the challenge opponents to make the acquired available.

Article 14 provisionally enforceable debt. Reserved judgment have an only provisionally enforceable debt securities of the creditor or a judgment given under reservation procedure, so in the ruling, which explains the dispute claim to be well-founded the enforcement of it depends on to make that the judgment against the debtor is legally binding or unreservedly.

§ 15 appeal against successors in title (1) the contestability may be invoked against the heirs or an other total successors of the challenging opponent.
(2) against an other successors the contestability may be asserted: 1. If the circumstances were known the successor in title to the time of its acquisition, which establish the Countervailability of the acquisition of his legal predecessor;
2. If assignee belonged at the time of his purchase to the people, which are close to the debtor (section 138 of the insolvency regulation), except that the circumstances at this time were unknown it, constituting the Countervailability of the acquisition of his legal predecessor;
3. If the acquired free of charge has been used to the successor in title.
(3) to the extension of the time limits under section 7 para 2, the written notice to the successor in title, the challenge will be against the is sufficient.

§ 16 opening of the insolvency proceedings

(1) is opened against the assets of the debtor's insolvency proceedings, the insolvency administrator is entitled to pursue the appeal claims levied by the insolvency creditors. From the litigious, the costs of litigation are advance to reimburse the creditor.
(2) an insolvency creditor already acquired backup or satisfaction prior to the opening of insolvency proceedings on the basis of his appeal claim, § 130 of the Insolvency Act shall apply mutatis mutandis.

§ 17 interruption of proceedings (1) is still right hang side the procedure regarding the rescission claim at the time of the opening of the insolvency proceedings, so it is stopped. It can be absorbed by the insolvency administrator. If the recording is delayed, section 239 para 2-4 of the code of civil procedure shall apply mutatis mutandis.
(2) the insolvency administrator can extend the claim in accordance with the paragraphs 143, 144 and 146 of the insolvency regulation.
(3) the insolvency administrator rejects the inclusion of the dispute, so this can be recorded with respect to the cost of each party. The right of the insolvency administrator, under the provisions of the Insolvency Act to claim the dispute, is not excluded by the rejection of the recording.

Article 18 termination of the insolvency proceedings (1) after the termination of the insolvency proceedings dispute claims that the insolvency administrator could assert, can be traced by individual creditors under this Act, as far as contrary to the claim, not defenses against the insolvency administrator are obtained.
(2) the appeal claim not already at the time of the opening of the insolvency proceedings was Court argued, the time limits specified in §§ 3 and 4 from that point on be calculated if the claim is judicially made up to the end of one year of the termination of the insolvency proceedings. Sentence 1 shall apply for the in the articles 6 and 6a certain deadlines accordingly subject to the proviso that the obtaining of the enforceable debt takes the place of the judicial dispute claim.

Article 19 international right of rescission in situations with cross border is the Countervailability of an act the law, which are subject to the effects of the Act.

§ 20 transitional arrangements (1) this law is that prior to 1 January 1999 only to apply to made legal acts, insofar as these are not according to the previous law of challenge withdrawn or subject to a lesser extent.
(2) the law relating to appeals against legal action by a debtor outside of bankruptcy proceedings in which in the Federal Law Gazette Part III, outline number 311-5, adjusted version, last amended by article 9 of the law of July 4, 1980 (Federal Law Gazette I p. 836), is repealed. It is however further apply to the cases where the voidability Court made before January 1, 1999.
(3) the provisions of this Act in which, from the entry into force of the Act of October 23, 2008 (Federal Law Gazette I p. 2026) on November 1, 2008 are amended before 1 November 2008 only apply any legal acts, insofar as these are not according to the previous law of challenge withdrawn or subject to a lesser extent; otherwise, you are up to November 1, 2008 further to apply applicable regulations.
Footnote (+++ § 20 para 2 sentence 2: application cf. Article 97 § 11b set 2 AOEG 1977 +++) article 20, paragraph 2, sentence 1 italic: repeal provision; reprinted in understanding of set 2