Bow wave theory

With the Bugwellentheorie is in the German Law literature , the entry of inability to pay according to § 17 2 sentence. 1 Insolvenzordnung or the opening of a bankruptcy denied if the debtor namely a " bow wave " of liabilities herschiebe on, but these invariably within three Weeks.

The Federal Court of Justice does not share this legal opinion. The bug-wave theory is opposed to the declared aim of the insolvency code to ensure the orderly and even satisfaction of all creditors by opening proceedings early and to prevent debtors with considerable liquidity difficulties from continuing to participate in legal and business transactions in the interests of legal transactions.

Web links

Robert Hafemeister: Second Senate of the Federal Court of Justice rejects the bug wave theory and forces you to submit bankruptcy applications earlier! What do GmbH managing directors have to consider after the judgment of December 19, 2017 (Az. II ZR 88/16)? Retrieved March 22, 2018.
Inga Penzlin, Johann Conrad: BGH specifies the time of legal insolvency. Will there be a wave of bankruptcy applications? - Focus on personal liability. Börsen-Zeitung , February 3, 2018

Individual evidence

^ Liability and bankruptcy. Festschrift for Gero Fischer on his 65th birthday, ed. by Gerhard Ganter , 2010. ISBN 978-3-406-57533-4 , pp. 153, 159
↑ BGH, judgment of December 19, 2017, Az. II ZR 88/16, full text margin no. 51
↑ Christian Frystatzki: The BGH rejects the bow wave theory , ZInsO 2018 issue 10, 601 - 602.

[1] Liability and bankruptcy. Festschrift for Gero Fischer on his 65th birthday, ed. by Gerhard Ganter , 2010. ISBN 978-3-406-57533-4 , pp. 153, 159

[2] BGH, judgment of December 19, 2017, Az. II ZR 88/16, full text margin no. 51

[3] Christian Frystatzki: The BGH rejects the bow wave theory , ZInsO 2018 issue 10, 601 - 602.