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Insolvency

Insolvency means inability to pay. The German Insolvency Regulation (InsO) defines the following as reasons for insolvency:

Section 17: Inability to pay


A debtor is regarded as unable to pay when he can no longer fulfil his payment obligations. This can be assumed as soon as he has ceased payment.


Section 18: Imminent inability to pay

This is already given when the debtor is unlikely to be in a position to meet his payment obligations punctually. There is considerable scope for discretion in this area, however.

Section 19: Overindebtedness

This applies to legal entities if their total assets are no longer sufficient to cover their existing liabilities.

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