Die Anfechtungsprivilegien im StaRUG

In 2021, the StaRUG came into force, introducing for the first time a pre-insolvency restructuring procedure. To encourage creditor participation, the legislature created new avoidance protection provisions in Sections 89, 90 and 97 StaRUG, designed to reduce the risk of subsequent insolvency challenges. These provisions contain numerous undefined legal terms, which have not yet been clarified by the highest courts. This study examines the content, scope and practical significance of these protections, develops interpretative proposals, and compares them with existing safe harbours, in particular Section 142 InsO. Its aim is to clarify open questions and assess the effectiveness of the new avoidance protection for creditors.