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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