Mass believers
Mass creditors are those creditors of the insolvency debtor who are to be satisfied from the bankruptcy estate before the insolvency creditors during an ongoing insolvency proceedings , i.e. H. in advance and outside of the actual insolvency proceedings ( Section 53 of the Insolvency Code (InsO)). Their demands are as mass liabilities designated.
The preliminary satisfaction of the mass creditors, however, is preceded by segregation ( § 47 , § 48 InsO), segregation ( § 49 ff. InsO) and offsetting according to § 94 to § 96 InsO.
Claims of mass creditors
The claims of the mass creditors are basically those that only arose after the opening of the insolvency proceedings or were initiated by the insolvency proceedings itself. Liabilities that arose through legal acts of the insolvency administrator are therefore always mass liabilities. In contrast to this, the time at which the service is provided for table creditors is always before bankruptcy is opened.
Typical mass liabilities are, for example, claims for remuneration from contracts that the insolvency administrator has concluded himself (e.g. to continue the company). Landlords or employees are also often mass creditors whose contractual relationships can only be terminated with a certain period of notice due to their preferred treatment under insolvency law (cf. § 109 and § 113 InsO) and which must be continued by the insolvency administrator until then.
The mass creditor asserts his claim outside of the insolvency proceedings against the insolvency administrator - possibly in the form of a lawsuit.
Mass inadequacy
If the insolvency administrator determines after the opening of insolvency proceedings that the bankruptcy estate is not sufficient to meet the bankruptcy's liabilities (so-called insolvency in bankruptcy), he will notify the bankruptcy court of insolvency .
Liquidator's Liability
If a mass liability, which was justified by a legal act of the insolvency administrator, cannot be fully fulfilled from the insolvency estate, the insolvency administrator is obliged to pay damages to the mass creditor ( § 61 sentence 1 InsO).
This liability presupposes a fault, d. H. the liquidator must have acted willfully or at least negligently. However, the standard is equipped with a reversal of the burden of proof . This means that the mass believer only has to prove the cited requirements of § 61 sentence 1 InsO. If he has succeeded in this, the insolvency administrator must exonerate himself (cf. § 61 sentence 1 InsO). For this purpose, he must explain and prove that when the mass liability was established, he could not see that the bankruptcy estate will probably not be sufficient to satisfy the mass creditor. The release from liability is therefore possible in two ways: firstly, the insolvency administrator can prove that objectively enough mass was already to be assumed to meet the mass liability or secondly that he was at least unable to recognize the inadequacy.
An insolvency administrator is obliged to take out professional liability insurance in this context (and also with regard to his liability under Section 60 InsO) .
Individual evidence
- ↑ Believer in the table. In: Current bankruptcy information on the bankruptcy portal | STP BI GmbH. Retrieved on March 16, 2020 (German).
