Companies in the manufacturing sector are the insolvency contesting not defenseless. Based on current judgments of the Federal Court, they can reduce their financial risk.
The application for insolvency of a business partner has for companies in the manufacturing industry a huge impact - even by the so-called insolvency contestation. Had the insolvent company's financial problems is known for some time, request its liquidator often back payments that were obtained up to ten years before the bankruptcy petition. The preconditions for this are relatively low after the Federal Court of Justice case law. Under certain circumstances, it is sufficient if the business partner is granted installment. The consequence: The company in the manufacturing sector has to refund payments received as a so-called challenge opponents and remain sitting on his demands.
Based on current decisions of the Federal Court, there are defenses and preventive defensive strategies that companies can practically and effectively protect from the manufacturing sector against the financial risks of the insolvency contesting.
Minimize the financial risk
1. Agreement Proper and immediate payment: The Supreme Court has ruled that according to the agreements and direct payment for a service or supply is protected against the insolvency contesting by their clients. The power exchange will then have a cash transaction. It is crucial that the specific performance and the payment related temporally. So is there at your customer signs of a crisis, suppliers should work to ensure that currently claims arising immediate offset payments initially and can be offset to current demands.
