Examp­les of the appli­ca­ti­on of pled­ges of rights — wit­hout dun­ning pro­cee­dings, legal action or enforce­ment pro­cee­dings

Set the evic­tion deb­tor in default of accep­tance in accordance with § 383 BGB. The dead­line for com­mer­cial deb­tors is one week. The publicly appoin­ted, sworn auc­tion­eer con­verts the value of the machi­nes into mone­ta­ry value by means of a public auc­tion. If you purcha­se the machi­nes, they beco­me your pro­per­ty and you can have them dis­po­sed of imme­dia­te­ly.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value ✓ Fast and unbu­reau­cra­tic pro­ces­sing

Enforce your land­lor­d’s lien and your secu­ri­ty inte­rest. We will con­vert the decea­sed ten­an­t’s pro­per­ty into cash value by way of public auc­tion. The pro­ceeds of the auc­tion will be off­set against your claims. You pay any excess amount over your claims to the depo­sit office of the local court. If you ins­truct us, you can free­ly dis­po­se of your pro­per­ty again in about 2 to 3 weeks.

Your advan­ta­ges: ✓ No cos­ts for sto­rage ✓ Fast cash flow through direct auc­tion ✓ Unbu­reau­cra­tic pro­ces­sing

Defi­ni­te­ly. Your cla­im for evic­tion can be imple­men­ted much more chea­p­ly. The quicker and, abo­ve all, che­a­per way is cal­led“Ber­lin evic­tion” in accordance with § 885 a ZPO. The bai­liff sim­ply chan­ges the locks after the evic­tion action has been com­ple­ted and then hands over the keys to you. After a peri­od of time, we can con­vert the ten­an­t’s pro­per­ty into cash value for you by way of public auc­tion. The pro­ceeds of the auc­tion will be off­set against your claims.

Your advan­ta­ges: ✓ No cos­ts for sto­rage ✓ Fast cash flow through direct auc­tion ✓ Unbu­reau­cra­tic pro­ces­sing

Use your sta­tu­to­ry con­trac­tor’s lien. You have a right of reten­ti­on on the objects han­ded over to you for repair. Take the object in lien, then set the deb­tor a final dead­line for pay­ment and at the same time threa­ten a public auc­tion.

If the deb­tor still does not pay, you can con­vert the pledge into cash value by means of a public auc­tion.

The pro­ceeds from the auc­tion will be off­set imme­dia­te­ly against your claims. In the event that the pro­ceeds from the sale do not ful­ly cover your claims, you can still try to reco­ver the remai­ning amount by means of dun­ning pro­cee­dings. At the very least, the amount in dis­pu­te has alre­a­dy been redu­ced. You can pay any auc­tion pro­ceeds that exceed your claims to the depo­sit office of the local court.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value
✓ Fast and unbu­reau­cra­tic pro­ces­sing

Make use of your legal pledge of rights as a for­war­der, car­ri­er, warehouse kee­per or bar­ge ope­ra­tor! In the event of late pay­ment, you have a right of reten­ti­on on the objects han­ded over to you for trans­por­ta­ti­on, pro­ces­sing or sto­rage. Take the objects in pledge, then set the deb­tor a final dead­line for pay­ment and at the same time threa­ten public auc­tion. If the deb­tor still fails to pay, you can con­vert the pledge into cash value by means of a public auc­tion. The pro­ceeds of the auc­tion will be off­set imme­dia­te­ly against your claims. You pay any auc­tion pro­ceeds that exceed your claims to the depo­sit office of the local court.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value
✓ Fast and unbu­reau­cra­tic pro­ces­sing

An heir can demand the dis­so­lu­ti­on of the com­mu­ni­ty of heirs from the co-heirs at any time. The pro­per­ties are then con­ver­ted into mone­ta­ry value by public auc­tion. All heirs can par­ti­ci­pa­te in the auc­tion. The pro­ceeds from the sale are dis­tri­bu­ted equal­ly among the heirs.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value
✓ Fast and unbu­reau­cra­tic pro­ces­sing

The heir can demand the dis­so­lu­ti­on of the com­mu­ni­ty of heirs from the co-heirs at any time. The com­pa­ny shares are then con­ver­ted into mone­ta­ry value by public auc­tion. All heirs can par­ti­ci­pa­te in the auc­tion. The pro­ceeds from the sale are dis­tri­bu­ted equal­ly among the heirs.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value
✓ Fast and unbu­reau­cra­tic pro­ces­sing

Exer­cise your con­trac­tu­al pledge of rights. Then set the deb­tor a final dead­line for pay­ment and at the same time threa­ten a public auc­tion. If the deb­tor still fails to pay, you can con­vert the com­pa­ny shares into cash by means of a public auc­tion. The pro­ceeds from the auc­tion will be off­set imme­dia­te­ly against your claims.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value
✓ Fast and unbu­reau­cra­tic pro­ces­sing

The key to the pro­blem is the invol­vement of a trust­wor­t­hy, inde­pen­dent aut­ho­ri­ty: the publicly appoin­ted, sworn auc­tion­eer. The auc­tion­eer has the exper­ti­se to find sui­ta­ble inves­tors for the valuable com­pa­ny shares by public auc­tion or pri­va­te sale once the com­pa­ny res­truc­tu­ring has been com­ple­ted.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value
✓ Fast and unbu­reau­cra­tic pro­ces­sing

In this case, it makes sen­se to invol­ve a publicly appoin­ted, sworn auc­tion­eer. Cre­di­tors see­king an advan­ta­ge are given the oppor­tu­ni­ty to cor­rect­ly app­ly the levera­ge effect bet­ween the ent­ry pri­ce and the nomi­nal value through the pledge of shares. The sta­tu­to­ry pro­vi­si­on pur­su­ant to Sec­tion 1239 BGB gives the cre­di­tor the oppor­tu­ni­ty to acqui­re the shares them­sel­ves (e.g. via a “New Co.”) in the pledge rea­liza­ti­on pro­cess and to pay for the­se them­sel­ves with the claims against the deb­tor com­pa­ny. Any out­stan­ding claims remain and can be asser­ted in the pen­ding insol­ven­cy pro­cee­dings.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value
✓ Fast and unbu­reau­cra­tic pro­ces­sing

Pur­su­ant to Sec­tion 825 (2) ZPO, you can app­ly to ins­truct a publicly appoin­ted, sworn auc­tion­eer with the rea­liza­ti­on. Bai­liffs are civil ser­vants, only acti­ve in their assi­gned dis­trict and have many tasks to per­form. The core com­pe­tence of the publicly appoin­ted, sworn auc­tion­eer is the gene­ra­ti­on of sui­ta­ble pro­s­pec­ti­ve buy­ers and the achie­ve­ment of the best pos­si­ble auc­tion result.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value
✓ Fast and unbu­reau­cra­tic pro­ces­sing

In a nuts­hell: Insol­ven­cy pro­cee­dings ser­ve two pur­po­ses, the first of which is res­truc­tu­ring. This is lar­ge­ly car­ri­ed out at the expen­se of the cre­di­tors. The second objec­ti­ve is to satis­fy all of the debtor’s cre­di­tors. The task of the insol­ven­cy admi­nis­tra­tor is to bring about a rea­liza­ti­on stra­tegy in line with the insol­ven­cy pro­cee­dings. The insol­ven­cy admi­nis­tra­tor’s efforts are aimed at enri­ching the assets, at easi­ly imple­men­ta­ble rea­liza­ti­on mea­su­res and — in the eco­no­mic inte­rest of the insol­ven­cy admi­nis­tra­tor — at cove­ring his own cos­ts and fee claims.

Due to the expen­si­ve cos­ts of the pro­cee­dings in Ger­ma­ny, only a frac­tion of the available insol­ven­cy estate is often paid out to satis­fy cre­di­tors at the end of leng­thy pro­cee­dings. Cre­di­tors and insol­ven­cy admi­nis­tra­tors are in com­pe­ti­ti­on with each other. The admi­nis­tra­tor acts in his capa­ci­ty as a res­truc­tu­rer and repre­sen­ta­ti­ve of all cre­di­tors. The indi­vi­du­al cre­di­tor, howe­ver, is the repre­sen­ta­ti­ve of his inte­rests or tho­se of his com­pa­ny; he stri­ves for a prompt rea­liza­ti­on of the pledge that covers his claims. The prio­ri­ty prin­ci­ple appli­es to the pledge of rights.

The right of rea­liza­ti­on lies with you as the cre­di­tor. The­r­e­fo­re, com­mis­si­on us as publicly appoin­ted, sworn auc­tion­eers with the rea­liza­ti­on. Your advan­ta­ges: The liqui­da­ti­on car­ri­ed out by us is more cost-effec­ti­ve than that car­ri­ed out by the insol­ven­cy admi­nis­tra­tor. As a result, more of the pro­ceeds from the estate will be available to ser­vice your cla­im. It is our task to achie­ve an opti­mal rea­liza­ti­on result.

Your advan­ta­ges: ✓ No fur­ther cos­ts for sto­rage ✓ Direct auc­tion and con­ver­si­on into cash value
✓ Fast and unbu­reau­cra­tic pro­ces­sing