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Now, yesterday, the Rostock District Court passed the resolution to open adcada GmbH’s insolvency proceedings.
Great, because now the long-awaited clarification of the entire process can finally begin consistently, and investors now have the opportunity to register their claims in the insolvency table.
Here is the decision of the Rostock District Court, the insolvency court responsible there.
60 IN 352/20 / In the insolvency proceedings over the assets d. adcada GmbH, represented by d. Managing Director Heiko Kühn, Heydeweg 5, 18182 Bentwisch Register court: Rostock District Court Register no .: HRB 13161
– debtor –
Legal representative:
Lawyers arndt.law, Friedhofsweg 47, 18057 Rostock, Gz .: 541/20-TA-IR
1. The bankruptcy proceedings that were received by the court on September 22nd, 2020 regarding the debtor’s assets will open on November 11th, 2020 at 11:39 am due to insolvency and overindebtedness.
2. The following is appointed as the insolvency administrator:
Attorney Prof. Dr. Tobias Schulze
Am Campus 1-11, 18182 Bentwisch
Telephone: 0381 649200
Telefax: 0381 649234
3. The insolvency creditors are requested to register insolvency claims (Section 38 InsO) in writing with the insolvency administrator by December 23, 2020.
When registering, the reason and amount of the claim must be given.
The table with the claims and the registration documents will be deposited at the office of the insolvency court for those involved no later than January 6, 2021.
4.Reporting date and date for the meeting of creditors to pass resolutions on the possible election of another insolvency administrator, on the establishment of a creditors’ committee and on those in §§ 35 (2) (decision on the validity of the administrator’s declaration on self-employed assets), 66 (accounting Insolvency administrator), 100 f. (Maintenance payments from the bankruptcy estate), 149 (investment of valuables), 157 (shutdown or continuation of the company, commissioning the insolvency administrator to draw up an insolvency plan, specifying the objectives of the plan), 160 (consent to particularly significant legal acts by the insolvency administrator, in particular if the company or a business, the warehouse as a whole, an immovable property freehand, the debtor’s stake in another company, which is intended to establish a permanent connection with this company, or the right to receive recurring income sells if a loan is to be taken out that would significantly burden the bankruptcy estate or if a legal dispute with a significant amount in dispute is pending or started, the commencement of such a legal dispute is refused or a settlement or an S to resolve or avoid such a legal dispute arbitration agreement is to be concluded), 162 (sale of a company to particularly interested parties), 163 (sale of a company below value), 233 (consent to continuation of exploitation and distribution in the case of an insolvency plan) and 271 (application for self-administration) InsO-designated matters are scheduled
Tuesday, 02.02.2021, 10:30 a.m.,
Rostock Regional Court, August-Bebel-Straße 15, 18055 Rostock, Great Hall 2.002
Hints:
Consent to undertake particularly significant legal acts within the meaning of Section 160 InsO is deemed to have been given if the convened creditors’ meeting is not quorate.
5. Examination date is scheduled
Tuesday, 02.02.2021, 10:30 a.m.,
Rostock Regional Court, August-Bebel-Straße 15, 18055 Rostock, Great Hall 2.002
Hints:
Creditors whose claims are established will not receive notification.
6. Security interests in movable objects or rights must be reported to the insolvency administrator immediately (Section 28 (2) InsO).
The object on which the security interest is claimed, the type and the origin of the security interest and the secured claim are to be identified. Anyone who culpably fails to report or delays it is liable for the resulting damage (Section 28 (2) InsO).
7. Persons who have obligations towards the debtor are requested to no longer pay to the debtor but to the liquidator (Section 28 (3) InsO).
8. The provisional creditors’ committee set up in the opening procedure, consisting of: Mr. Attorney Attorney at Law
| Mr. Gerhard Brinkmann, attorney at law
Schillerstraße 18, 18055 Rostock
as a representative of the Federal Financial Supervisory Authority (BaFin)
| Mr. Tobias Onasch
Barnstorfer Weg 44, 18057 Rostock
as a representative for the state of Mecklenburg-Western Pomerania, represented by the Ribnitz-Damgarten tax office
| Mr. Sascha Borowski
Prinzenallee 15, 40549 Düsseldorf as the representative of Mrs. Irene Keidel-Aparcev
will be maintained in the opened proceedings until a creditors ‘committee is appointed by the creditors’ meeting.
9. The following are also appointed as further members:
| Jens Reime
Innere Lauenstrasse 2, 02625 Bautzen
as representative of the investment creditor Mr. Jörg Heitzler
| Mr. Jens Greulich
Norderstrasse 103, 20097 Hamburg
as a representative of the Federal Employment Agency Hamburg
The provision only becomes effective upon receipt of the declaration of acceptance by the respective creditors’ committee member at the court. The acceptance must be declared immediately.
10. The insolvency administrator is acc. Section 8 (3) InsO instructs you to carry out the notifications to be made in the procedure, starting with the delivery of the opening decision according to Section 30 InsO. The service of the opening resolution on the debtor is excluded; This is done by the bankruptcy court. Public announcements are still the responsibility of the bankruptcy court.
11. Note:
The publication of data from insolvency proceedings including the opening proceedings in an electronic information and communication system will be deleted no later than 6 months after the cancellation or the legal force of the termination of the insolvency proceedings, Section 3 (1) sentence 1 InsOBekV.
Other publications according to the insolvency regulation will be deleted one month after the first day of publication.
Legal appeal:
An immediate appeal (hereinafter: appeal) can be lodged against the decision. The complaint is within an emergency period of two weeks with the
Rostock District Court
Zochstrasse 13
18057 Rostock
to insert.
The period begins with the announcement of the decision or, if it is not announced, with its delivery or with the effective public announcement in accordance with § 9 InsO on the Internet (www.insolvenzbekanntmachungen.de). The public announcement is sufficient as proof of service to all parties involved, even if the InsO stipulates special service in addition to it, Section 9 (3) InsO. It is deemed to have been effected as soon as two more days have passed after the date of publication, Section 9 (1) sentence 3 InsO. The first event (announcement, delivery or effective public announcement) is decisive for the beginning of the period.
The complaint must be lodged in writing or by declaration on the record of the registry of the court mentioned. It can also be declared for the record before the office of each local court; However, the deadline is only met if the minutes are received by the above-mentioned courts in good time. Legal participation is not required.
The complaint must be signed by the complainant or his agent.
The notice of appeal must contain the title of the contested decision and the declaration that an appeal will be lodged against this decision.
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Appeals can also be submitted as an electronic document. A simple e-mail does not meet the legal requirements.
The electronic document must
| be provided with a qualified electronic signature of the responsible person or
| signed by the responsible person and submitted via a secure transmission channel.
An electronic document with a qualified electronic signature from the responsible person may be transmitted as follows:
| on a secure transmission path or
| to the electronic court and administrative mailbox (EGVP) of the court set up to receive electronic documents.
Because of the secure transmission channels, reference is made to Section 130a (4) of the Code of Civil Procedure. With regard to the further requirements for electronic communication with the courts, please refer to the ordinance on the technical framework for electronic legal transactions and the special electronic mailbox (Electronic Legal Transactions Ordinance – ERVV) in the currently applicable version and on the website www.justiz.de referenced.
Rostock District Court – Insolvency Court – 11/11/2020
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Now, with the IG adcada, we naturally also want to exert pressure on the members of the creditors’ committee so that the bankruptcy estate is really secured there.
In the insolvency proceedings, investors should, in the opinion of Thomas Bremer from ig adcadaalways be represented by a lawyer, because you can make a mistake even with a formal insolvency filing. To prevent that from happening, you should let a lawyer do just that.
A lawyer also advises this Jens Reime from Bautzen. Reime is investor representative, alongside lawyer Borowski in the adcada GmbH creditors’ committee.
All in all, exciting weeks could now lie ahead for us.
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