Die Anfechtung nach § 132 Abs. 2 InsO

This work shows that the legitimacy of special avoidance in insolvency is not based exclusively on the principle of equal treatment of creditors under insolvency law. It examines section 132 (2) of the German Insolvency Code (InsO), an avoidance provision that has received little attention in jurisprudence and case law to date. The author concludes that the provision protects the liability substrate of an insolvency debtor’s personal creditors from his managing these assets in a manner contrary to the rules of proper business. He classifies this protective function as a retroactive insolvency remedy that gives effect to the principle of joint and several liability under insolvency law.