Anfechtung in der Verbraucherinsolvenz: eine rechtstatsächliche Untersuchung zur Tätigkeit des Treuhänders im Spannungsfeld der Gläubigerinteressen

In: Schriften zum Insolvenzrecht Band 62

In: Nomos eLibrary

In: Zivilrecht

Abstract

The consumer insolvency contestation appeared as a quantité negligéable as of 1 July 2014 until the abolition of § 313 InsO. This work is not content with this general assessment.The paradigm shift into the simplified procedure with its own control of disputes is first developed based on the right-hand historian definition and meaning of the consumer in bankruptcy.After, the work of the empirical investigation of contestation is devoted. It is based on the results of qualified interviews with a large number of insolvency administrators or trustees and systematically presents the results of the work on the basis of Sections 130 to 134 InsO.The author gives a comprehensively commenting evaluation. The last stage of the reform, which has been put to the test, is at the same time a potential for further proposals on reform approaches and for a forecast of the importance that could arise in the contest of consumer insolvency proceedings in the future.The work is aimed at both insolvency practitioners and scientists.