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.
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