The presumption of intent to disadvantage creditors in German avoidance proceedings

Payments made by a debtor which disadvantage its creditors may be void and if so must be returned. This applies where the debtor and the recipient of the payment knew that the debtor was unable to pay its debts.

Filed under:
Germany, Insolvency & Restructuring, Litigation, Taylor Wessing
Authors:
Anna Englert
Location:
Germany
Firm:
Taylor Wessing