After the opening of insolvency proceedings on the assets of individual companies belonging to the UDI Group by the Leipzig District Court (decisions of August 31, 2021 and September 1, 2021), affected investors can now register their claims in the insolvency table.
This is because the opening of insolvency proceedings has the consequence that the (still) existing assets (so-called insolvency assets) of the companies are secured according to the procedure provided for in the insolvency code and then distributed proportionally among the creditors.
The insolvency proceedings have already been opened for the UDI companies named below:
- UDI Energie Festzins II GmbH & Co. KG – Ref. 401 IN 1001/21
- UDI Energie Festzins III GmbH & Co. KG – Ref. 401 IN 989/21
- UDI Energie Festzins IV GmbH & Co. KG – Ref. 401 IN 971/21
- UDI Energie Festzins V GmbH & Co. KG – Ref. 401 IN 999/21
- UDI Energie Festzins VI GmbH & Co. KG – Ref. 401 IN 775/21
- UDI Energie Festzins VII GmbH & Co. KG – Ref. 401 IN 991/21
- UDI Energie Festzins VIII GmbH & Co. KG – Ref. 401 IN 1000/21
- UDI Energie Festzins IX GmbH & Co. KG – Ref. 401 IE 1021/21,
Attorney Dr. Jürgen Wallner ordered.
In order to be able to fully participate in the distribution as a creditor, the investors must properly submit their claims, in particular their claims for damages corresponding Register insolvency proceedings in the rank of Section 38 InsO (so-called claim registration).
The deadlines set by the Leipzig District Court for registering claims in the insolvency proceedings (deadline until October 5th, 2021 or October 12th, 2021) are not to be regarded as deadlines. It is therefore still possible to register a claim.
In addition, creditors should check whether they are entitled to so-called segregation or segregation rights. If this is the case, the performance, e.g. payment, can be requested from the other bankruptcy creditors who are not entitled to such rights.
Due to the complex legal situation, it is recommended to hire a lawyer to examine the rights of separation and separation and the filing of claims in order to avoid errors in the filing of claims and the unnecessary losses caused by them.
Because only if the claim registration is individualized for the person of the obligee, properly justified and submitted to the insolvency administrator, it is ensured that in the case of the recognition of the claim, the obligee can participate in the payments from the insolvency estate or their distribution at all.
An incorrect claim registration is usually ineffective and will be disputed by the insolvency administrator, with the result that consideration of the investor in insolvency proceedings is excluded until a correction is made.
Are you unsure whether you have taken all necessary steps so that you, as a bankruptcy creditor, can be taken into account in the distribution of the bankruptcy estate?
Or have you not yet registered a claim, but would also like to be taken into account as a bankruptcy creditor in the payments from the bankruptcy estate?
Do you not know whether you are entitled to so-called segregation or segregation rights as preferential rights, as this has not yet been checked for you?
Then you should have a lawyer look into your case. If you like, KILIAN RECHTSANWÄLTE will advise you free of charge on the steps that are still required.
It is important for you to understand that you will only get part of your damage from the bankruptcy estate.
Because the company has gone bankrupt because there is not enough money to settle the claims of all creditors in full.
The question therefore arises as to who has to compensate you for the remaining damage that remains open after the bankruptcy estate has been distributed.
If you wish, KILIAN Rechtsanwälte will inform you free of charge about your options to successfully claim damages from the backers and other responsible parties in the insolvency case.
Do you not have legal protection insurance by your side with regard to the costs of legal representation?
Then we will show you the possibilities of a representation against profit sharing within the framework of what is known as litigation financing.
Because with litigation financing, a litigation financing company assumes all or essential parts of the necessary legal costs. In return, the litigation financing company will receive a profit-sharing bonus from you.
Such litigation financing against profit-sharing is possible in the event of insolvency from a loss of € 3,000 (value in dispute).
Are you interested in a representation against profit-sharing within the framework of litigation financing? Then get in touch with us.
We would be happy to explain the process of a corresponding litigation financing to you free of charge. Simply call our office or send us an e-mail and arrange a telephone appointment with one of our lawyers.
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Telephone: 0 36 41 / 638 000
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