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| 15.03.13 |

Insolvent or capable of surviving? (Kopie 1)

At the moment, one can say that, in principle, companies operating as private limited company (GmbH), public limited company (AG) or as limited commercial partnership formed with a limited liability company as general partners (GmbH & Co. KG) do not need to file for insolvency if they can demonstrate a positive continuance prognosis.

The precondition for this, in turn, is that a renowned insolvency expert will confirm this prognosis. Martin Borsik, owner of VeMEMaS GmbH, analyses and assesses companies under objective and critical aspects.
On the basis of this knowledge, subsequently measures to overcome the crisis can be defined and quantified. This is done in close cooperation with proprietors and employees.

Originally, the model of so-called mild over-indebtedness was only to run until 2014. The Federal Government has now, however, decided to continue this model.

The main advantage of the model is time: If earnings from the operative business are sufficiently high, the management of the company at risk is given the opportunity to get out of the pre-insolvency zone little by little through regular payments.

After the analysis and finding adequate measures, the VeMEMaS experts will support and accompany the firm in the implementation of the necessary steps.

It must, however, be observed that the model of "mild over-indebtedness" is not always the solution to any problem: The measures set out in the positive continuance prognosis have to be implemented consequently - preferably with external support so that they become effective, and a durable stable situation develops from the glimmer of hope. In addition to this, one always has to remember that precisely this inability to pay, which is the basis of many insolvencies, remains as the main ground for insolvency and may thus lead to a delay in filing for insolvency and increasing debts.



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Janina Krah

Telephone +49(0)7031 - 688-40-18