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 on the challenge of a debtor's legal acts outside the insolvency proceedings (Appeal Law-AnfG)

Non-official table of contents

AnfG

Date of expend: 05.10.1994

Full quote:

" Feeding Law of 5. October 1994 (BGBl. 2911), as last amended by Article 16 of the Law of 9. December 2010 (BGBl. I p. 1900) "

:Last modified by Art. 16 G v. 9.12.2010 I 1900

For details, see the Notes

Footnote

(+ + + text evidence from: 1) menu. 1.1999 + + +)

The G is as Article 1 G v. 5.10.1994 I 2911 (EGInsO) was adopted by the Bundestag. It's gem. Art. 110 (1) of this G mWv 1.1.1993 entered into force. Non-official table of contents

§ 1 Principle

(1) Legal actions of a debtor who are at the disadvantage of his creditors may be outside the Insolvency proceedings shall be challenged in accordance with the following provisions.(2) A omission shall be the same as that of a legal act. Non-official table of contents

§ 2 Eligible

For the dispute, any creditor who obtains a fully enforceable debt , and whose claim is due, if the foreclosure of the debtor's assets has not led to the creditor's full satisfaction or if it is to be assumed that it would not result in it. Non-official table of contents

§ 3 Intentional deprivation

(1) The debtor is a legal act that the debtor has before the last ten years before In the event that the other part at the time of the act was aware of the debtor's attachment, the dispute with the attachment to the creditors has been carried out. This knowledge is presumed if the other part knew that the insolvency of the debtor was threatened and that the action was at a disadvantage by the creditors.(2) A countervailable contract concluded by the debtor with a person close to the debtor (§ 138 of the Insolvency Code) is subject to a contract concluded by which his creditors are directly disadvantaged. The dispute shall be excluded if the contract was concluded earlier than two years before the dispute or if, at the time of the conclusion of the contract, the other part was not aware of the debtor's attachment to the creditor's notishal. Non-official table of contents

§ 4 Free performance

(1) The debtor's benefit is free of charge, unless it is earlier than four years prior to the challenge.(2) It shall not be countervailable if the performance is based on a common occasional gift of low value. Non-official table of contents

§ 5 Disclaimer of the heir

has fulfilled the inheritance from the remission of required subclaims, legacies or requirements, according to a creditor who, in the insolvency proceedings on the remission, would be the recipient of the benefit in the rank or would be able to contest the performance in the same way as a free performance of the heir, may be able to contest the performance. Non-official table of contents

§ 6 shareholder loan

(1) Countervailable is a legal act that applies to the claim of a shareholder Reassurance of a loan within the meaning of § 39 (1) No. 5 of the Insolvency Code or for an equivalent claim
1.
Backup granted if the action has been made in the past ten years prior to obtaining the enforceable debt title or after, or
2.
satisfaction granted if the action was taken last year prior to obtaining the enforceable debt title or thereafter.
of insolvency proceedings pursuant to section 26 (1) of the insolvency order, before the creditor has obtained a enforceable debt, the period of appeal shall begin with the application for the opening of the insolvency proceedings.(2) The dispute shall be excluded if, after the end of the year in which the creditor has acquired the enforceable debt, three years have elapsed. If the act was subsequently carried out, the dispute shall be excluded three years after the end of the year in which the act was carried out. Non-tampering table of contents

§ 6a Saved Loans

A legal act with which a company is entitled to a third party for a claim in the case of a loan within the time limits referred to in the first sentence of Article 6 (1) (2) and the second sentence of Article 6 (2), has granted satisfaction if a shareholder had appointed a security or a guarantor for the claim; this shall apply in accordance with the following conditions: Benefits for claims which are economically equivalent to a loan. Section 39 (4) and (5) of the Insolvency Regulations and Section 6 (2) apply accordingly. Non-official table of contents

§ 7 Calculation of time limits

(1) The time limits specified in § § 3 and 4 are to be returned from the date in which the Dispute settlement shall be brought to justice.(2) If the creditor, before having obtained a enforceable debt, or if his claim was due, informed the defendant of his intention to challenge the act, the time limit shall be the date of access by the creditor. Notice back if at that time the debtor was incapable of satisfying the creditor, and if, by the end of two years, the courts have been subject to the challenge of being challenged.(3) The time period shall not be included in the period during which the measures were ordered pursuant to Article 46 (1), second sentence, points 4 to 6 of the Banking Act. Non-official table of contents

§ 8 date of taking an act

(1) A legal act is deemed to have been made at the time when legal effects.(2) Where an entry in the land register, in the register of ships, in the ship register or in the register of lien on aircraft is required for the effective operation of a legal transaction, the legal transaction shall be deemed to have been carried out as soon as the rest of the transaction is completed. The conditions for the effective application have been fulfilled, the declaration of intent of the debtor has become binding for him and the other part has made the application for registration of the legal amendment. If the application for the registration of a notice has been made in order to secure the right to change the law, the first sentence shall apply, on the understanding that the application shall replace the application for registration of the change in law.(3) In the event of a conditional or temporary act, the entry of the condition or the date shall be disregarded. Non-official table of contents

§ 9 Invocation by objection

The challenge can be asserted in the way of an objection before a enforceable However, the creditor shall be required to teach the debt to the creditor within a time limit to be determined by the court before the decision is taken. Non-official table of contents

§ 10 Enforceable title

The dispute is not excluded by the fact that the legal act is subject to the enforceable debt or the act has been obtained by enforcement. Non-official table of contents

§ 11 Legal consequences

(1) What is sold out of the debtor's assets by the countervailable legal act, or shall be made available to the creditor in so far as it is necessary to meet the satisfaction of the creditor. The provisions relating to the legal consequences of unjustified enrichment, in which the recipient is aware of the lack of the legal reason, shall apply accordingly.(2) The recipient of a non-remunerated benefit shall only make it available to the extent that it is enriched by it. This shall not apply as soon as it knows or has to know the circumstances in which the unpaid benefit disadvantages the creditors.(3) In the case of the dispute referred to in § 6a, the shareholder who had ordered the security or was liable as a guarantor to condone the foreclosure in his assets up to the amount of the amount with which he was liable as a guarantor or who was the value of the sum of his or her property shall be subject to the on the date of the return of the loan or of the performance to the equivalent amount of the claim. The shareholder shall be free from the obligation if he makes available to the creditor the items that had served the creditor as collateral. Non-tampering table of contents

§ 12 Claims of the counterparty

Due to the reimbursement of a consideration, or a claim arising from the claim The defendant can only hold himself up against the debtor. Non-official table of contents

§ 13 Specific request for action

If the claim for appeal is filed in the course of the action, the application for a plea has determine to what extent and in what way the defendant should make available to the person who has arrived. Unofficial Table Of Contents

§ 14 Preliminary Enforceable Debt. In the judgment declaring the right of appeal to the creditor to make the application conditional on the execution of the sentence, the

of the creditor, or a judgment subject to a reservation, shall be subject to the judgment of the Court of appeal. that the decision taken against the debtor becomes final or unconditional. Non-official table of contents

§ 15 Invocation against legal successor

(1) The challenge can be against the heir or another The overall legal successor of the counterparty shall be asserted.(2) The countervailability can be asserted against any other legal successor:
1.
if the legal successor at the time of his acquisition, the circumstances were known, which justify the challenge of the acquisition of his right-of-law;
2.
if the successor of the legal successor at the time of his acquisition, belonged to the persons close to the debtor (§ 138 of the Insolvency Code), unless the circumstances were unknown to him at that time, which were the subject of the challenge of the acquisition of his right-in-law Reasons;
3.
if the legal successor has been granted the proceeds free of charge.
(3) In order to extend the time limits pursuant to § 7 (2), the written documents shall be subject to written confirmation. Communication to the legal successor against which the challenge is to be carried out. Non-official table of contents

§ 16 Opening of insolvency proceedings

(1) If insolvency proceedings are opened on the debtor's assets, then the insolvency proceedings shall be opened. the insolvency administrator shall have the right to pursue the appeal claims raised by the insolvency creditors. From the disputed, the creditor should be reimbursed the costs of the litigation.(2) If an insolvency creditor has already obtained assurance or satisfaction before the opening of the insolvency proceedings on the basis of his claim for appeal, § 130 of the Insolvency Code shall apply accordingly. Non-official table of contents

§ 17 Interruption of the procedure

(1) The procedure for appeal at the time of the opening of the Insolvency proceedings are still pending, it will be interrupted. It may be accepted by the insolvency administrator. If the recording is delayed, Section 239 (2) to (4) of the Code of Civil Procedure shall apply accordingly.(2) The insolvency administrator may extend the application for censure in accordance with § § 143, 144 and 146 of the Insolvency Code.(3) If the insolvency administrator disclaims the inclusion of the lawsuit, the insolvency administrator may be accepted in respect of the costs of each party. The refusal of admission does not preclude the right of the insolvency administrator to claim the right of appeal in accordance with the provisions of the insolvency order. Non-official table of contents

§ 18 Termination of insolvency proceedings

(1) After the end of the insolvency proceedings, any appeal claims that may be the insolvency administrator could be prosecuted by the individual creditors in accordance with this law, insofar as the claim against the insolvency administrator is not contrary to the claim.(2) If the right of appeal has not been brought before the opening of the insolvency proceedings, the time limits specified in § § 3 and 4 shall be calculated from that date if the right to the end of a year has been the termination of the insolvency proceedings is brought to a judicial conclusion. Sentence 1 shall apply in accordance with the time limits specified in § § 6 and 6a with the proviso that the enforceability of the enforceable debt title shall take place in the place of the judicial assertion of the claim for appeal. Non-official table of contents

§ 19 International Appeal Right

In case of material handling with foreign contact, it is necessary to challenge the Legal action shall be governed by the law which is subject to the effects of the act of legal action. Non-official table of contents

§ 20 Transitional rules

(1) This law is applicable to the before the 1. The European Parliament and the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of 19 January 1999 on(2) The Act concerning the dispute over the legal acts of a debtor outside the bankruptcy proceedings in the adjusted version published in the Bundesgesetzblatt (Part III), outline number 311-5, as last amended by Article 9 of the Law of 4. July 1980 (BGBl. 836), shall be repealed. However, it should continue to be applied to cases where the defensibility is before 1. It has been brought to court in January 1999.(3) The provisions of this law in the period from the entry into force of the Law of 23. October 2008 (BGBl. 2026) on 1. The European Parliament and the Council of the European Union are due to take action before The European Parliament and the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council

Footnote

(+ + + § 20 para. 2 sentence 2: For application, see footnote). Art. 97 § 11b sentence 2 AOEG 1977 + + +)
§ 20 para. 2 sentence 1 italic print: repeal rule; printed to the understanding of sentence 2