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Part 8 · Debtor-in-possession management › Section 270a

Request; debtor-in-possession management plan

(1) The debtor includes a debtor-in-possession management plan with the request for the ordering of debtor-in-possession management, which comprises the following:

1.  a financial plan covering a six-month period and a well-founded account of the sources of finance on the basis of which ordinary business operations are to continue and the costs of the proceedings are to be covered during that period,

2.  a strategy for conducting the insolvency proceedings which, based on a presentation of the nature, extent and causes of the crisis, describes the objective of the debtor-in-possession management and the proposed measures to be taken to achieve that objective,

3.  an account of the status which negotiations concerning the prospective measures have reached with creditors, with those with a participating interest in the debtor and third parties,

4.  an account of precautionary measures taken by the debtor to safeguard the debtor’s ability to meet the obligations under insolvency law, and

5.  a reasoned presentation of any additional or reduced costs which will presumably arise in the course of debtor-in-possession management compared to regular proceedings and in relation to the insolvency estate.

(2) The debtor is, further, required to state

1.  whether, to what extent and with which creditors the debtor is in contact as regards the performance of obligations resulting from employment relationships, pension commitments or tax obligations, vis-à-vis social insurance agencies or suppliers,

2.  whether and in which proceedings bans on enforcement or on realisation were ordered, under this Code or under the Company Stabilisation and Restructuring Act, in the debtor’s favour within the last three years, and

3.  whether the debtor has met the disclosure requirements, in particular those under sections 325 to 328 or 339 of the Commercial Code, for the last three business years.

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