Das Wiederaufleben teilweise erlassener Insolvenzforderungen nach § 255 Abs. 2 InsO

This study focuses on the scope of the revival clause pursuant to Sec. 255 para. 2 of the German Insolvency Code. It analyses how creditors who have partly waived their insolvency claim in an insolvency plan may participate in new insolvency proceedings opened before the plan has been implemented in full. The study thus scrutinises how payments rendered by the debtor in accordance with the insolvency plan prior to the opening of the new insolvency proceedings are dealt with. It shows which different distribution models for old and new creditors have already been practised within follow-up insolvency proceedings and analyses the effects of the current Sec. 255 para. 2 of the German Insolvency Code. Furthermore, it examines whether the insolvency administrator of the follow-up insolvency proceedings may contest the debtor’s payments rendered prior to the opening of those new proceedings, what results may be expected and whether the effect of reviving those proceedings also incurs interest.