Loans and loan collateral in bankruptcy

Insolvency-proof provision of collateral

• Personnel / property security
• Internal / third-party collateral
• Accessory
• Legal problems with the order / reasons for ineffectiveness
• Security purpose (agreements)
• Collateral in the group
• Civil law peculiarities and current case law on individual loan securities

Avoidance and effectiveness issues when providing collateral

• Basic information on the right to avoid insolvency:
• • Discrimination against creditors
• • Avoidance of cover and intent
• • Legal acts free of charge
• • Bargeschäft
• Requirements for securing restructuring loans
• Problems of contestation when granting loans:
• • Original collateral, subsequent collateral
• Challenge problems with group financing:
• • Upstream Collateral
• • Subordinated shareholder loans (“capital replacement”)
• • Relevant new regulations
• Innovations due to the reform of the right of avoidance

Current case law on the right of avoidance

General information on loan security in bankruptcy

• Basics of segregation and segregation rights
• Differentiation between insolvency assets and external assets
• Relevant neuralgia (MoMiG, ESUG, KIG)

Realization of loan collateral in bankruptcy

• Insolvency administrator’s rights:
• • Realization of encumbered objects and claims by the temporary administrator (§ 21 II No. 5 InsO)
• • Realization of encumbered objects and claims in the opened proceedings
• • Contributions to procedural costs and exploitation agreements
• Rights of the security creditors:
• • Assertion of segregation and segregation rights
• • Distribution of proceeds (rights of separation and separation)
• • Own exploitation rights / creation of collateral pools after bankruptcy has been opened

Current case law on exploitation issues

6.5 hours according to § 15 FAO

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Whether a security is of real value often only becomes apparent in a crisis and insolvency. Only those who have made their security insolvency-proof in advance can assert themselves sustainably and successfully. Using specific examples from the highest court rulings and model clauses, you will learn how you should effectively order and utilize loan collateral and how risks of contestation can be recognized and avoided. You will receive solutions and implementation options for your daily practice.

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Lawyers, specialist solicitors for insolvency law, insolvency administrators, auditors, tax consultants, specialists and executives in credit institutions, in particular in the areas of special loan management / processing, as well as in service companies in the area of ​​processing NPL portfolios, creditor representatives