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Insolvency Claim in the Car Manufacturing Industry

Together with Adlex Advocaten in Genk, our law firm Henseler & Partner represented a Slovak daughter of a Belgian client. This Slovak company from the car manufacturing industry was subject to a clawback claim from a German insolvency administrator over the insolvency estate of a German company. The insolvency administrator claimed payments for deliveries in the amount of about 728.000 EUR.

Under German law the claim would have been justified. We got into contact with a Slovak colleague who provided us with a legal opinion on Slovak insolvency law that proved to be more favourable and argued that Slovak law applied. In the end we managed to convince the insolvency administrator that his case would be really difficult to win and settled for a payment of 100.000,00 EUR which remained far below the initial expectation of the client.

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