The Federal Court of Justice (Bundesgerichtshof – BGH) on 5 March 2015 issued a decision (case no. IX ZR 133/14, available here) that is of immense relevance for all creditors and debtors that face the need of a subordination agreement (Rangrücktrittvereinbarung) under German law.
Germany, Insolvency & Restructuring, Litigation, DLA Piper, Debtor, Liability (financial accounting), Unjust enrichment
Impending major reform of German insolvency clawback regime