Mittelbare Planeingriffe in Sicherungsrechte

The work investigates indirect interventions into security rights by means of insolvency plans. The subsumtion of personal claims of secured creditors under the regulations of para. 217. ff. InsO raises a multitude of legal problems. Can regulations of guaranteed claims constitute an intervention in separation rights according to para. 223 II, 222 I 2 No. 1 InsO and if so, when exactly should such a plan regulation be qualified as an intervention of this sort? How should an indirect intervention in separation rights according to the classification of para. 222 I InsO be treated? On the basis of an extensive interpretation of the term intervention, the work “Indirect interventions into security rights” answers these – and other – legal questions using a coherent system, which takes into account the core provisions of para. 223, 222 I InsO as well as further regulations of the Insolvency Code (especially para. 52, 217, 227, 237, 254, 301).