
GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – grprainer.com/en conclude: Under the Insolvency Code (InsO), the trustee in bankruptcy – with regard to the assets covered by the creditor’s segregation rights – must also take into account the possibility of a more favourable disposal offered by the creditor for the totality of assets. This also includes, for example, a takeover by the creditor. If the trustee in bankruptcy does not take advantage of the more favourable disposal, the creditor must be positioned as if such a possibility had been taken advantage of.