Riding hanging he failure - as from debtors creditors become
(openPR) - Jena, 05 February 2007. The insolvency procedure over the fortune of the private bank Reithinger GmbH & CO. Kg (Az: 40 IN 282/06) in all probability into the length will pull itself. Damaged ones should count on one period of eight to ten years, so the estimate of the insolvency manager during the creditors' meeting on past Friday.
The difficulty of the procedure consists strange-proves of the fact that many debtors of the bank could become their creditors. Reason is a legal ambiguity, which does not only retard the procedure, but also the height of the insolvency mass affected.
The demand sum amounts to altogether 220 million euro. 98 million euro of it were assigned as loans at investors, who often financed real estate participation with this money. Unclear it is however whether these loans can be evaluated now afterwards at all still as demands. The higher regional court Frankfurt/Main had decided end of 2004 that such loan agreements - with appropriate conditions - are futile.
Therefore know itself investors, the one credit for the financing of their participation in the Germany funds kg, the 2. Germany fund kg, the Ancon GmbH & CO. European park kg as well as the 3. Actual value kg taken up, to the inefficacy of their credit agreements had appointed, if these came by the Procurator trust GmbH. The insolvency manager, Heinrich Mueller Feyen made of Munich, holds against the fact the point of view that the momentary iurisdiction is not to be used Reithinger in the case. It already communicated that it is not ready before a clear BGH judgement to do without these demands. It wants to deny appropriate demands on repayment of the instalments deposited so far with the test date in April.
The law case is to time before the Federal High Court (BGH) pending. On the decision it will depend whether the applicants for the credit of the riding hanging he bank are to be regarded as creditors or debtors and in the long run naturally, whether at all a considerable amount can be disbursed.
Consumer lawyers with the German consumer protection ring (DVS registered association) from Erfurt assume the BGH will confirm the original decision Frankfurt higher regional courts. „Even if Mueller Feyen will in the meantime try to call in or comparisons close the loans of the investors, puts we the concerning close to refuse and reclaim all interest and amortization payments carried out so far as insolvency creditors the repayment of their credits first times “, says DVS Vertrauensanwalt André Gerhard morning star, which represents numerous ride-hang-he-damaged with PWB of attorneys Jena. „For a possible back completion of the loans and the examination of claims for damages we guess/advise to rapid acting. “
Members of the German consumer protection ring (DVS registered association) can request the complete report of the insolvency manager, that contains also the expiration of the past procedure, against a expenses lump sum at a value of 15 euro.
Investors concerned can follow „the community of interests private bank Reithinger “in the German consumer protection ring DVS registered association. The German consumer protection ring DVS registered association lets the requirements of the investors examine by the contract lawyers of the association. The admission into the community of interests costs uniquely 70 euro (zzgl. VAT). This amount covers the handling charges of the DVS registered association. The further membership in the community of interests is noncontributory.
The 70 euro are charged regarding a later agency of the attorneys in full height with the lawyer costs. The requirement examination of the case by the attorneys releases however no separate costs. For questions in this affair the telephone number 03641/353504 of the DVS office Jena is to the investors at the disposal.
Further information under www.dvs-ev.net
DVS German consumer protection ring registered association.
Pressing and public work
Peter Speier
Brühler Hohlweg 7
99094 Erfurt
Tel. 0361/2279429
E-Mail info@dvs-ev.net
presse@dvs-ev.net
Web www.dvs-ev.net
The German consumer protection ring (DVS)
The consumer is the weakest member of our economics. In order to protect and occur for it its rights effectively, the German consumer protection ring registered association (DVS) was brought into being.
The DVS bundles among other things interests of damaged consumers against economically stronger large damage causers and sets these interests bundled, flanked from an efficient press work, also through. Beyond that the DVS with a Prozessfinanzierer co-operates, which will examine the requirements of the damages in addition for process financing possibilities.
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