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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.

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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.