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Schuldentourismus: Insolvenz in Frankreich

Consignment of 27 November 2006

In Alsace, it is nice not only for tourists. German borrowers shift their residence to the French border region, just to take advantage of a special law of obligations. This joint is much more friendly than the German bankruptcy law.

By Michael Lang

The Strasbourg Attorney Patrick Ehret explains the reason for the migration: "In Alsace, there is a special local law special process which allows individuals to carry out any outstanding debts in the end as companies. The method is based on a law introduced in 1924, which in the end, the then German Bankruptcy Code in French law has introduced, but as a local privilege "Because of that. While in Germany may take a process for the remaining debts six years, in the French border region of up to one-year process. Then all debts are canceled.

The Federation of German debt collection company expects 2007 approximately 130,000 private bankruptcies. For many, the German waiting period is too long on debt relief, says Phillip Korn, a lawyer in Iserlohn. He represents a doctor from North Rhine-Westphalia, the press more than 400,000 euros of debt from property transactions and will therefore escape the German insolvency law in Alsace. His argument: "I am not more 30 If one is over 55, you have the time any more to handle the "

sufficient mailbox in Alsace
A simple search on the Internet shows. The debt relief in Alsace-Lorraine is a good business for lawyers and consultants. Norbert Dehm also promises on his website help. The German consultant who lives long in Alsace. He said an example of how personal bankruptcy works in France. The aim is, according to Dehm to come to a French tax return. For only as "French" can I apply in France for bankruptcy. However, you should not immediately move to the beautiful border region. For a monthly fee of 250 Euro will set up a "mailbox residence". Necessary living proof such as telephone, rent, electricity and water consumption could be provided easily. Only when the French tax bill comes, it will seriously. Then one would have a German creditor to "physically" be present in France, Dehm. "If all documents are available, you can go to court and say there. I can not pay"

important for the process is that the applicant has got into trouble and has no asset more. In consequence of these acts as personal bankruptcy, as the German, but it can be faster. And: The debt relief is in the EU, including Germany, acknowledging. A Supreme Court ruling in 2001 has confirmed again.

Entrepreneurs Norbert Dehm has another trick to beat the German insolvency law, a trick. As an employee of a GmbH was founded in France to officially earned little, but instead generates the LLC profits. Which can be bought back at the end of the insolvency proceedings with the GmbH. A trick that is applied to statements by lawyers in Germany, too often.

Looming bankruptcy just missed
victims of such tricks, and a debt tourism in Alsace, German creditors. Andreas Koch and Bernd Gancza from the Westphalian of the Werle Bankruptcy of their metal operation only narrowly escaped. A client had settled in the direction of France. He still owes them 70,000 euros. On the Internet, companies have informed about the possibility of quick relief in Alsace. Both know that the money will probably not see again. Bernd Gancza says: "Normal would have to be banned. . This should be nothing "

But Simplicity is probably not yet, says Patrick Ehret, the Strasbourg Lawyer:" Check the food very well after, especially if the residence is not only fictional present, but whether the person really live in Alsace. And then it is now so that the creditors of its ways perceive something better. "But advisers like Norbert Dehm their customer base will probably still increase further, because many believe the debtor, that it is actually so easy to drive around the mountain of debt, and because different insolvency law in Europe facilitated the debt tourism.

Deglycyrrhizinated Licorice Uk

Wo der Insolvenztourismus blüht

By Marcus Creutz

Privatpleitiers in Germany have to take a privation way before they are debt-free again. To achieve this new life much earlier, more and more insolvent consumers access to a trick: they move their residence to France, especially after Alsace-Lorraine or to England. The bankruptcy process takes only there silly 18 months.


indebted German to find a way out of bankruptcy more abroad.
image vergrößernVerschuldete German to find a way out of bankruptcy more abroad.

GARMISCH. Not for nothing is on the fourth, starting today German Insolvenzrechtstag the reform of consumer bankruptcy law on the agenda. The debtor is always looking for new loopholes, creditors end up sitting on their demands. Longer offer domestic and international consultants in their Internet services to resort to the insolvency refugees in housing, registration authorities and find a lawyer on the ground.

So it is about in the pages of " France insolvenz.de "threatens private insolvency? ... The one we are by way of debt you carried out in France and Germany recognized EU insolvency proceedings in only 12 - 18 months. "And at an Internet address, there is a complete package for 990 €. England for a debt relief promised by the consultant after a maximum of twelve months. In addition to the change of residence on the island suggest the insolvent German tug to set there also a Limited. This was of particular interest to freelancers, because then as employees of their own society without access creditor may continue to make money.

These and other offers have been under German bankrupt of course well known. "Yes, so does the insolvency escape," said Gerrit Hölzle, a lawyer specializing in bankruptcy law in Kevelaer. This he does because it increases the tax consultants contacted the insolvent consumers to seek advice in the French insolvency law. "That is however not compatible with my professional image as the liquidator in line," Hölzle blocking requests from consistent.

No concerns have, however, the French lawyer Emelie resistance from the Epp, Gebauer & Kühl, based in Cologne and Strasbourg. "Official figures on how many German residents moved to France have, there is not. But it should be more than 500 - and rising, "estimates cons. She has just pushed through a German on appeal a bankruptcy court in Metz. This was in May 2005 moved to France after he had speculated with East German real estate and accumulated debt of five million euros. But his bankruptcy would not accept the Court of First Instance in Metz. Reason: The debtor was, despite his change of residence life center not in France, but still in Germany.

"Of course the French have no great interest in the onset of insolvency tourism and therefore consider sharp, "says the Oldenburg Bankruptcy Judge Prof. Dr. Hans-Ulrich Heyer. In principle, it is but so that the opening of insolvency proceedings in France bound for German courts had. The Federal Court has so held in 2001 (Ref.: IX ZB 51/00). "Basically, one must accept the different legal systems. While the French consider carefully before the bankruptcy declaration, whether the debtor must behave honestly in the past and apologize to a positive result immediately, must be insolvent consumers in Germany have proven over the six year period of good conduct, to them the privilege of debt relief is given, "says Heyer.

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Reform im Insolvenzrecht: Verbraucherinsolvenzverfahren vereinfacht, Lizenzen künftig insolvenzfest

Source: bmj.bund.de

Berlin, 22 August 2007

The Federal Cabinet today decided to reject the submission of Federal Justice Minister Brigitte Zypries bill to which the insolvency proceedings will be reformed to consumers. "The debt relief process is simplified. Nevertheless, it provides a socially acceptable balance between the competing interests of creditors and debtors, less bureaucratic than before. It offers the honest debtor a fair chance for a fresh start free of debt, "said Zypries.

The draft adopted by the Cabinet also includes the by the Federal Minister of Justice announced in June, the insolvency regime strength of license agreements. "The legitimate interests of licensees in future be better protected if the licensor becomes insolvent. This strengthens the confidence of investors, ensure jobs and thus Germany's economy, "stressed the Minister of Justice.

A. Simplified consumer bankruptcy

I. Background: Bankruptcy Act of 1999 - honest debtor a chance for a fresh start
Since 1999 there is the possibility of the so-called residual debt. From the non-paid debts in the bankruptcy process is freed all trying for six years under the supervision of a court-appointed trustee, as much money as possible to repay to the creditors. In return, during which time no bailiffs seize the property of the debtor, such as money or expensive appliances. The employer of the debtor has attachable part of the income - if the debtor without the maintenance obligations are currently any amount exceeding € 985 - to be paid to the trustee. Distributes the money received annually to the creditors. Does the procedure correctly from in this manner, the remaining Debt after 6 years removed.

II Why do we need a simplified debt relief process?

• Today's consumer bankruptcy is good - but it is too costly and too bureaucratic, given the fact that 80% of debtors are massless, so expect no significant income from them. Court clerks and bankruptcy judges complain about the heavy administrative burden that will delay the debt often.

• The states also complain about the financial burden of the deferral of costs of proceedings, as provided by applicable law. Per consumer insolvency proceedings, the cost around 2300 €. This is supposed to take account of the debtor. However, he is destitute, the judiciary must step checkout of the countries and the money in the way of advance of the deferral.

• The insolvency process is used to present assets of the debtor for the collective satisfaction of creditors to use and distribute the proceeds. If a debtor is shown to destitute, missing the insolvency proceedings but its purpose. In this situation it is sufficient if a thorough investigation is carried out in the financial circumstances of the debtor.

• The process should not only offer a balance between the interests of the debtor and its creditors. It must be socially equitable and take into account the general interests of the commercial traffic.

III. Vertices of the simplified procedure for indigent debtors debt

first Of the proceedings
The simplified debt relief process fits seamlessly into the current proceedings. Since no costs of the proceedings nationwide mass is present, the debtor, unless he do business is to provide an opening request to the district court. These include an attestation by an appropriate person or agency to submit, which indicated that an agreement with creditors either you or unsuccessful - as in future legislation - such was obviously hopeless. Under this certification process, the debtor's extensive form that retrieves detailed his financial situation, complete with the appropriate person or body.

"appropriate persons" to advise the debtor are such as lawyers, notaries and tax consultants. Who as "appropriate authority" is concerned shall, each state set itself. State debt counseling agencies are an example (addresses below www.forum-schuldnerberatung.de ). Or free forums on the Internet example (address below www.insolvenztourismus.de )

has filed an application for the debtor a discharge of residual debt and extends his assets probably not enough to cover the cost of proceedings, the court appoints an interim trustee, the debtor fills out the forms for the debt relief process. After detailed instruction from the interim trustee of the debtor on oath to assure the accuracy and completeness of its information. If the application is rejected after the opening of insolvency proceedings in the absence of the legal costs covered mass, the creditors by way of public notice stated that the refusal of the remaining debts may apply, provided that a refusal reason. A refusal would be justified as if the defendant has been convicted of a crime or insolvency him in the last 10 years once remaining debt relief is granted. If there is no reason for denial is present, the court announced to the 6-year period of good conduct. During this time, take the debtor to the same obligations as in a normal discharge of residual debt procedures. He's trying to say in particular to ensure the best possible satisfaction of his creditors. At the same time, the provisional trustee is appointed now final. To him, the debtor must surrender the attachable part of his income. After 6 years, the creditors can not implement their claims against the debtor.

second New assets of the debtor
If the debtor during this 6-year period of good conduct to new and unforeseen assets (eg new job, inheritance), the following procedure applies:

• reach a debtor during the period of good conduct attachable income which has been assigned to the trustee, it shall first be paid legal costs. The other method is determined by whether the monies received to justify their amount of a distribution to creditors or whether the creation a distribution list through a approval process would be disproportionate.
• the court ordered a special approval process - such as when the debtor has made an inheritance than 10,000 € - then the creditor publicly invited to register their claims with the trustee. A determination is then made as the individual claims in insolvency proceedings.

third Cost share of the debtor
is warranted and justified, the debtor who wishes to gain the legal benefit of a comprehensive debt relief to participate in a modest extent in the proceedings. Provided ist ein Kostenbeitrag von 25 Euro zu Beginn des Verfahrens und laufende Zahlungen in Höhe von 13 Euro pro Monat während der Wohlverhaltensperiode. Damit sollen ein Teil der Verfahrenskosten und die Kosten für den Treuhänder abgedeckt werden.

4. Vorteile dieses Verfahrens
Gegenüber alternativen Entschuldungsmodellen und gegenüber dem geltenden Recht, das eine Stundung der Verfahrenskosten kennt, hat dieses vereinfachte Entschuldungsverfahren erhebliche Vorteile:

• Das Verfahren ist in das geltende Recht eingebettet, ohne dass ein zusätzliches Sonderverfahren vorgesehen werden muss. Der Regelungsaufwand ist deshalb gering, das neue Verfahren schlank und an uncomplicated.
• via a cost-sharing on the debtor makes it clear that he can only reach about certain personal debt relief efforts. One is debt relief for free no longer exist in the future.

In exchange, the debtor

• protection from enforcement actions during the 6 year old conduct phase
• a comprehensive debt relief for six years.

also reduces the simplified procedure, the procedural costs of debt today about 2300 € to 750 € per proceedings from consumers, from about 3900 to about € 1470 € in the failed entrepreneurs and leads to an expected cost savings in the countries of around € 150 million per year.

as insolvency strength of licensing agreements

Background: subject to the entry into force of the insolvency law license agreements the electoral law of the insolvency administrator. Rejected by the liquidator in the exercise of this right of choice from the performance of the contract, the contract designed for and the contractor is only a claim for damages for failure to perform as a simple bankruptcy claim. He will be referred to a generally very low rate.

example:
A small company developed a new method for protein synthesis and can this be patented. On the basis of this patent, it places a large company a license to use one of the process that brings in reliance on the contract a new drug to market, which requires significant financial expenses. The patent holder is insolvent. In insolvency proceedings the liquidator will used to enrich the bankruptcy estate of its right to terminate the license agreement with the company and to award the license to a much higher price to a competitor. Result is that the first licensee to market its new drug can not further him and thereby incur losses, which accounts usually because of high research and development costs to market a drug a multiple millions.

the Federal Government to the legitimate concerns of the licensee companies in order to remain competitive accounts and adjusts the legal situation in Germany in the other countries like USA and Japan. Licenses are, therefore, be embodied in German law in the future insolvency set:

• The license agreement is not subject to the future election of the manager, he retains its validity in the bankruptcy proceedings.
• The mass has to satisfy only the secondary obligations, which are indispensable for using the protected right.
• In a stark disparity between the agreed and a fair market compensation, the administrator may require an adjustment.
• In this case, the licensee has a right to extraordinary cancellation.

With this differentiated approach to the central interest of the licensee taken into account to achieve even after the opening of insolvency proceedings undisturbed running away of the license agreement, without neglecting the interests of creditors in bankruptcy to the highest possible rate.

C. Strengthening contains the position of creditors in insolvency proceedings

Finally today by the Federal Cabinet adopted the draft law regulations, which strengthens the position of creditors in bankruptcy proceedings.

Background: The growing number of regular insolvency proceedings in recent years led to an increase in bad debt in particular the tax and social security. Especially the situation of public service is characterized creditors in insolvency proceedings, especially the fact that their claims arise continuously month by month during the crisis of the debtor. Practice has shown that losses can only be prevented by ensuring that the assets of the debtor's insolvency proceedings are opened. This requires the earliest possible position of the insolvency application and the opening of proceedings.

essential principals of the Bill: The amendments contained in the bill considered strictly the principle of equal treatment of creditors, ie special provisions for the tax and social security funds are established.

following changes are planned:

• In § 14 InsO a system be established to repeated requests by avoid a creditor. Through this tailored to social insurance scheme will ensure that once a bankruptcy petition asked not to pay the debts - be declared done for or withdrawn - as before. For claims force public law always occur again, the application therefore retains its effectiveness, even if the claim of the applicant creditor met.
• creation of a pre-requirement for the legal costs of such persons - such as managing a limited company - is required to file an application for insolvency and culpably this duty have violated. The payment of the advance, both the provisional liquidator and the creditors claim (see § 26 para 4 InsO-E).
• clarification in § 55 paragraph 2 InsO that liabilities, the provisional liquidator was in the way of a licensed by the bankruptcy court of powers reasons, including those arising from this tax, are seen as a mass debt.
• introduction of a new grounds for refusal on the remaining debt relief for debtors, the ownership or property crimes committed, or have been convicted of tax evasion.
• refusal of the remaining debts for a debtor, as the legitimate representative organ of a company or its shareholders as the request to open insolvency proceedings, or not made in time to duty and negligence.

The Federal Council will now deal in a first pass with the regulatory proposal. The Federal Government is to complete the parliamentary proceedings until the spring of 2008. Requires approval of the bill is not.

the government draft, see www.bmj.bund.de / Bankruptcy to download.

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Meine FrankreichInsolvenz: Sie kennen vielleicht ebenfalls die Situation, in der ich steckte:

My France-insolvency: You know perhaps also the situation in which I put:

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Im Folgenden stelle ich ganz grob den Weg dar

As I ask you to leave, detailed advice, I'll keep this very short passage. The steps and timelines, can tell your partner / service provider / advocate in detail. The following is the list which should give a short overview. When the times are estimates of third parties for the normal case.

Phase 1: transfer of the food item in the corresponding French Department (. Dept. only 57.67 and 68 possible) - The apartment search seems the biggest problem and one should allow 4 to 6 weeks until moving day. In addition, the application of a German car in France with a lot of administrative paperwork and forms connected, some of which need several weeks to receive (AUDI France has taken such good 3 weeks for a homologation). The construction of a new bank worldwide including valid credit card is easy.

Phase 2: your residence is in France - at least 6 months

Phase 3: introduction of private insolvency procedure: You should have a creditor who wishes to enforce against you. Statement of liabilities, proof of insolvency and of honesty, compilation of all documents (including leases, bank statements, etc.) - preliminary review by a kind of judicial officer's decision on the jurisdiction of the court.

Phase 4: The actual bankruptcy proceedings - hearing before a judge, followed by decision (about 6 - 8 weeks after approval of the procedure). If necessary, appeal trial. With a positive decision of the handover process to a trustee.

Phase 5: Assets Trustees reviewed information and asking creditors for an opinion. As of the end after about 2-4 months.

Phase 6: enforcement of the court order, taking into account the final report. Written documentation will probably take another 2 - 3 months. They are in time but already outstanding debt free!

In a normal smooth procedure, you can expect the procedure should take around 15 months.

An Idea Of Design Letters

Die Entscheidung für den Partner, mit dem ich jetzt 1 bis 2 Jahre arbeiten möchte und muß

After I have looked at many different providers, I took the decision to denjeneigen who gave me a good impression and came closest to my ideas.

For liabilities to 150,000 Euro erscheinen mir der Aufwand und die Kosten zu hoch. Sollten Ihre Verbindlichkeiten darüber liegen, dann würde ich mich über diesen Weg informieren und sie sollten u.a. die folgenden Punkte berücksichtigen:

WOHNUNG: eine Wohnung von unter 300,00 Euro (egal wie klein) ist in den "richtigen" Departments fast ausschließlich im "brennenden" Vorort Straßbourgs erhältlich. Sie können diese dann quasi nicht nutzen und auch den Richtern sind diese Vororte (anhand der Adresse) bekannt.

ARBEIT: Sie sollten tatsächlich eine Tätigkeit in Frankreich aufnehmen bzw. für eine französische Firma tätig werden. Von einer reinen Handelsvertretung ist mir - nachvollziehbar - Been discouraged ..

GENERAL: You Kostruieren not too much. Everything must look natural - in Germany you have not paid your bread with the card.

What has brought about the decision for me

With the decision to move to Alsace has changed with me much more than I even thought possible. Me a lot in the truest sense of the word a load of your shoulders and I could walk upright and my Gesundhietszustand has improved almost overnight (allergies and chronic bronchial tubes lying on the cough).

My performance in many situations become much better. Since I have found my inner peace, I fall again negotiations much easier and free head contributes to many new ideas to be implemented in future consoles. The live energy and joy is increased significantly and I really regret only that the decision could not meet earlier.

If you also take this decision and thus escape the clutches of the creditors first, so they too will experience this new feeling of freedom. I am sure. Maybe you tell me yes even your own experiences.

Busibess Franchise For 10,000 Pesos

Bis zur endgültigen Entscheidung haben mich immer wieder Zweifel bewegt

Before I am with the theme personal bankruptcy have been busy in general, I doubt whether one may make of this at all. I was raised conservative and have always lived under the motto: What has eingebockt yourself, you must drink yourself!

The personal bankruptcy is (no matter where) lick no sugar and is connected with limitations. Even if the low sid deprivation, as in the time before the decision. It is legitimate and in other parts of the world, particularly the Anglo-Saxon countries, at least one insolvency belongs in the life of a business man / woman. If one detail in his professional environment (business lines etc.), asks around, one wonders how many people with the Thematik Insolvenz zu tun haben bzw. hatten. Es ist also nichts schlimmes.

Auch die zu befürchtenden Einschränkungen mit fehlendem Konto, keine neuen Mobilfunkverträge, Probleme bei Kreditkarten etc. sind sowohl beim "deutschen Weg" als auch beim "französischen Weg" problemlos über Prepaid-Karten etc. lösbar.

Ist es richtig die Gläubiger zu verprellen und mit wenig Geld abzuspeisen? Bei privat geliehenen Geldern gibt es einen Ehrenkodex an den man sich halten sollte - bei Fremdgeldern, insbesondere von Banken, handelt es sich um ein eingepreistes Risiko. Darüber hinaus haben sich meine Banken auch nicht fair mir gegenüber verhalten (z.B. Rücknahme der schriftlichen Kreditzusage am Tag der Auszahlung ohne Angabe von Gründen mit dem Hinweis, daß ich eine Klage zwar gewinnen würde, aber bis dahin nicht finanziell überleben würde). Große Investoren, zu denen auch Banken gehören, nehmen auf persönliche Schicksale keine Rücksicht und suchen selbst immer den Weg, wo sie am Meisten herausholen können. haben wir nicht das gleiche Recht?

Rocco Siffredi And Lilly Carati

Die Odyssee der Suche nach Informationen und Partnern ....

Die Suche nach den richtigen Informationen gestaltete sich schwieriger als gedacht. Und als ich dann genügend Informationen hatte, wollte ich den richtigen Partner finden, um mein neues Leben zu starten. Im Folgenden werde ich darüber berichten. Ich werde allerdings keine Namen von Internetseiten und Dienstleistern sowie Anwälten nennen, mit denen ich Kontakt hatte. Erstens hat jeder das Recht auf einen schlechten Tag und andererseits möchte ich niemanden verunglimpfen. Außerdem möchte ich hier auch keine Werbeseite haben, sondern Ihnen eine eigenständige Entscheidung ermöglichen. Wenn ich lieb gefragt werde, bin ich aber auch gerne behilflich.

Ich habe in Berlin gewohnt und Berlin scheint die deutsche Hochburg der "Dienstleister für eine Privat-Insolvenz im Elsass" zu sein. Somit hatte ich das Glück mir mit relativ wenig Aufwand viele verschiedene Anbieter persönlich anzuschauen. Bevor man allerdings in das erste Gespräch geht, sollte man sich ausführlich have well-read on the Internet, can also determine to whether the opposition of the material has a clue. This was at 3 sellers do not. These have direct advice wrong or seem to know less than I for pure Internet research. Some of these providers made a serious impression: Your favorite places, decent office equipment, self-confidence, good website. However, appearances are deceiving. Please therefore consider the provider with whom you want the next 1 to 2 years working on trust.

The meeting with lawyers who specialize in personal bankruptcies among others in France, were also sometimes very strange. One wanted me necessarily a "German Personal bankruptcy persuade "another advance called for a consulting fee, which I refused I am convinced that anyone who requires an initial consulting fee, of his ability is not safe and I as a customer, as in all other jurisdictions also -. Should have the right to the lawyer I have to work the next almost 2 years to test free of charge.

I am then after a long search've found and regret my decision until today. was important for me to decide that experience is available with the procedure that he knows more than I that dominated French mother tongue and that competent partner in Alsace availability replace or support it can.

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Sie kennen vielleicht ebenfalls die Situation, in der ich steckte:

you are self employed and they have all your energy in keeping your business connected. They have at times earned very good money and the banks they have taken as a solvent surety of the responsibility. In addition, were to cover some financial needs of the company only private funds and private borrowing.

because you have a unique circumstance (in my case was the failure of a previously tested hermes customers with a financial loss in the six figures) was the financial strength of the company and thus their own financial Situation wie ein Kartenhaus in sich zusammen. Ich mußte die Entscheidung treffen, Insolvenz oder Nicht-Insolvenz.

Zu diesem Zeitpunkt konnte ich eine Insolvenzentscheidung nicht treffen. Ich habe in den folgenden gut 2 Jahren extreme Entbehrungen für die Sanierung der Unternehmen auf mich genommen und bin dabei auch noch mein vorletztes Hemd losgeworden. Mittlerweile sind die Firmen abgegeben und exisitieren weiter. Allerdings ist meine Situation zum Jahresbeginn 2007 so schlimm gewesen, daß ich neben einigen Monaten gesundheitlicher Einschränkungen auch absehbar im Herbst 2007 ohne Geld dastehen würde und eine Privat-Insolvenz unausweichlich gewesen wäre.

Glücklicherweise fand ich die Kraft, mich mit to deal with the situation and find a way out. That I as a private insolvency proceedings have found in Alsace. On the following pages I would describe my experiences.