Die Insolvenzanfechtung von Sanierungsbeiträgen

Companies can restructure in a variety of ways, such as out-of-court restructurings, through proceedings under StaRUG, or insolvency proceedings. However, if the restructuring fails, the question of whether the restructuring attempt was justified may arise, and an insolvency administrator may examine claims for avoidance against the parties involved. From the creditors' perspective, however, the risk of avoidance can become a factor that prevents them from participation in a restructuring. To prevent restructuring efforts from failing from the outset due to the risk of avoidance, a restructuring-friendly legal system must establish rules that limit this risk. This thesis examines the necessary conditions for this.