Insolvency offenses: Examples and more

Insolvency offenses are – as the name implies – offenses related to the opening or execution of insolvency proceedings . The particular criminal offenses, which we will discuss in more detail below, are primarily for the protection of creditors , in order to ensure that their outstanding claims are met as far as possible.

Furthermore, punishment for insolvency offenses ensures that insolvency proceedings can be carried out properly . When filing for bankruptcy – this includes both regular and private bankruptcy – the public prosecutor’s office receives corresponding information . This is stipulated by law in the order for communications in civil matters (MiZi). Exceptions exist, however, in the case of proceedings against private individuals without reference to a commercial activity of the debtor.

The prosecution then checks whether insolvency offenses exist . But there is also the possibility that creditors reimburse criminal charges. In this case, the police will act and take appropriate investigations. What are the offenses in connection with the bankruptcy and what are the following, we explain below.

An offense, whether in bankruptcy, in traffic or other areas, is always characterized by three components:

  1. Existence of an offense: It must be a prohibited act under the Criminal Code (StGB) or any other law that is punishable by punishment.
  2. Illegality: the offender must have acted unlawfully. There are no justifications.
  3. Guilt: The perpetrator has acted with full awareness – culpably.

Bankruptcy: Consequential offense

One of the most well-known insolvency offenses is probably the insolvency carryover. The legal basis can be found in § 15a of the Insolvency Act (InsO). This states the following:

If a legal entity becomes insolvent or over-indebted, the members of the representative body or the liquidators must submit an opening request without culpable hesitation, but no later than three weeks after the insolvency or over-indebtedness has occurred.

In certain cases, companies are therefore required by law to file for insolvency . This is the case if they are either over-indebted or insolvent . These two terms are defined in the Bankruptcy Code as follows:

  • Insolvency: The debtor is unable to meet the due payment obligations. This is usually the case when he has discontinued his payments. (§ 17 Abs. 2 InsO)
  • Over-indebtedness: This occurs when the debtor’s assets no longer cover his existing liabilities. (§19 Abs. 2 InsO)

In order not to make insolvency offenses such as the Insolvenzverschleppung guilty companies are required & Co to within three weeks after the indebtedness and insolvency has occurred, to make an application to open insolvency proceedings.

If they do not comply with this obligation, they do not submit their application on time or correctly, it is a matter of insolvency transfer. This will be punished with imprisonment of up to three years or a fine . In case of negligence, the sentence is reduced to a maximum of one year imprisonment or a fine.

Further insolvency offenses

In addition to the bankruptcy, there are a few more insolvency offenses. According to § 283c of the Criminal Code, the creditors’ privilege belongs to this. The aim of insolvency is to satisfy all creditors equally or according to their ranking. If a creditor is favored, this runs counter to this principle. The creditor’s benefit is punishable by imprisonment of up to two years or a fine .

Also the so-called bankruptcy (§ 283 StGB) belongs to the insolvency offenses. Anyone sentenced for this must expect imprisonment of up to five years or a fine. Offenses of this kind are among other things spoken, if persons with over-indebtedness or insolvency

  • Conceal, disguise, destroy or render unusable assets,
  • consume excessive amounts through inefficient spending, play or bet,
  • Procured goods or securities by means of a loan and sell them or goods made therefrom below value or
  • Do not lead trading books or change them with the goal to make it difficult to review the financial situation.

Furthermore, the debtor’s favor is one of the insolvency offenses. According to § 283d Abs. 1 StGB the following applies:

With imprisonment of up to five years or a fine is punished who

    1. being aware of another impending insolvency or
    2. after cessation of payment, in insolvency proceedings or in proceedings for the decision to open insolvency proceedings of another

Components of another’s assets which, in the event of the opening of insolvency proceedings, belong to the estate of bankruptcy with the consent of which, for the benefit of or in its favor, it is removed or concealed or destroyed, damaged or rendered unusable in a manner contrary to the requirements of a proper business.

Other insolvency offenses include:

      • Infidelity (when persons abuse a power to harm others)
      • Violation of the accounting obligation
      • Scam
      • Withholding and embezzlement of pay
      • tax evasion
      • credit fraud
      • Withholding Social Security Contributions

      What is the best way for you to get out of debt? Check your options for free now! Online debt analysis →

Additional consequences of insolvency offenses

As we have already mentioned, most insolvency offenders face a fine or fine. But next to it, such a crime has even more consequences. This includes, among other things, that the discharge of residual debt is denied . But why is this so momentous?

The residual debt relief takes place after successful completion of the conduct phase. All remaining debts can – with few exceptions – afterwards no longer be demanded by the creditors . The debtor is then debt free.

However, insolvency offenses for which a debtor has been sentenced to imprisonment for more than three months or a fine of more than 90 daily sentences in the last five years before the application for insolvency or following this application will result in the refusal of residual debt . This means that the entire bankruptcy process was free . The creditors can then continue to execute enforcement measures.

Other consequences of insolvency offenses include, among other things, liability for damages according to § 823 of the Civil Code (BGB) . According to the legal regulation, the following applies: If a person violates a law that applies to the protection of another person, the former is obliged to compensate for the damage . For example, if some creditors were preferred while others did not receive any money, the latter must be compensated.

In addition, it may happen that persons who have been convicted of deliberate bankruptcy offenses should no longer be active as managing directors . Furthermore, those affected must expect that there will be an entry in the certificate of good conduct .

What consequences do insolvency offenses have in private bankruptcy?

In the case of private bankruptcy, insolvency offenses, as already mentioned, mean that the discharge of residual debt is denied. Thus the insolvency procedure was free of charge. However, there are other triggers that can ensure that the remaining debt is not waived .

Among other things, this happens when debtors do not fulfill their duties during the conduct of the conduct . For example, you are required to:

      • to engage in appropriate employment or, in the case of unemployment, to seek a reasonable job,
      • to hand over the attachable income to the insolvency administrator ,
      • not to make any unauthorized payments to creditors,
      • Half of the inheritances to the insolvency administrator and
      • to report every job change.

Private bankruptcy: Does an offense lead to a refusal of residual debt relief?

What happens if a person who goes through private bankruptcy is not convicted for insolvency offenses but for other reasons ? Does this automatically lead to a refusal to clear the debt – would private bankruptcy have been in vain?

The Federal Court of Justice (BGH) has already passed an important ruling in July 2010 (Ref .: IX ZB 148/09). In principle, this question is based on the following: In the conduct-of-good conduct, insolvency debtors are obliged to work as a suitable employee or, if he or she is unemployed, demonstrably strive for a reasonable job pursuant to Section 295 (1) of the Insolvency Act.

For only if the debtor earns his own income can the seizable part of it be confiscated by the insolvency administrator and distributed to the creditors, so that the claims of the latter can at least partially be satisfied. It is well accepted that the commission of offenses during insolvency proceedings , even if they are not insolvency offenses , constitutes a breach of the duty to buy.

Who commits an offense during the private bankruptcy, does not necessarily have to fear the refusal of the remainder of the debt relief.

The debtor is finally aware that he can not pursue any gainful employment if he is convicted of a criminal offense to imprisonment . This breach of duty therefore leads to the fact that the remainder of the debt waiver can be refused by the court.

However, the BGH ruled that the commission of an offense during the conduct phase with the following imprisonment does not preclude the granting of the residual debt exemption . Rather, the creditor, who requests the refusal of the debt waiver, still credible, to what extent a violation of the acquisition obligation exists. Furthermore, he should be able to explain how the satisfaction prospects of the creditors would be affected.

This is the new Traffic and Road Safety Law approved this Thursday in Congress

This is the new Traffic and Road Safety Law approved this Thursday in Congress

This is the new Traffic and Road Safety Law approved this Thursday in Congress

  • The Congress of Deputies finishes the process of approval of the law.
  • Rubalcaba emphasizes that they fine so that “people do not do it again”.
  • They improve the communication of sanctions and the prompt payment is rewarded.
  • The new rule could take effect this coming spring.

The Congress of the Deputies has approved this Thursday the reform of the Law of Traffic and Road Safety, that reduces the catalog of conducts that make lose points of the card and simplifies the sanctioning procedure so that the known ‘quitamultas’ , that take advantage of the “litter” and the administrative “darkness” have it “more difficult”. The objective of the reform is to improve the efficiency and immediacy of the sanctioning procedure, speeding up the notification of fines and offering a discount of up to 50% for prompt payment .

Rubalcaba ensures that the administration does not fine “for pleasure” In his speech before the plenary session of the Lower House in which the reform of the Traffic Law has been debated, the Minister of the Interior, Alfredo Pérez Rubalcaba , has made it clear that the administration not fine “for pleasure” but so that “people do not do it again”. Rubalcaba stressed that the new rule will mean a “more immediate” sanctioning regime that, however, does not harm in any way the right of defense of drivers.

“We all agree that the closer the punishment of the infraction is, the greater its pedagogical value “, stressed the Minister of the Interior, who recalled that those drivers who have been sanctioned and acknowledge the infraction, will be able to pay with a greater discount, of up to 50%, while those who disagree with the lack will also have “better mechanisms” to appeal it .

“The administrations win and the citizens gain,”
said Pérez Rubalcaba, who welcomed the broad consensus reached during the “complex” and “laborious” process of the reform.

The regulation could take effect this spring. Among the new measures , outputs of the bill and successive amendments of the Senate, include:

  • If the offender pays the fine less than 20 days after the notification, he will benefit from a 50% discount , although he will lose the right to appeal it. The driver can pay the penalty at the moment by credit card.
  • Agents can immobilize a vehicle if it circulates without insurance or without a helmet, in the case of a motorcycle.
  • You can not pass the ITV if it is not credited to be up to date of the insurance payment of the vehicle.
  • To avoid misinterpretations, the new law establishes that the margin of error of speed control radars should continue to be respected, which oscillate between 3 and 10% depending on the model of the cinemometer.
  • Improve the communication of sanctions by introducing telematics.
  • You can recover up to six points of the card with courses. Up to now the maximum was four.
  • It will mean loss of six points carrying a radar inhibitor , altering the operation of the tachograph or the speed limiter and driving with the permit temporarily suspended.
  • It will no longer be a loss of points to park in the bus lane or to circulate with children under 12 years of age on motorcycles.
  • The crane can take a car parked in blue zone without a ticket or tripled the time paid.
  • The minor sanctions will be punished with a fine of up to 100 euros ; the serious ones with 200 and the very serious ones with up to 500 euros.
  • The money collected in penalties will be used to prevent traffic accidents and for victims of accidents.
  • The holders of a vehicle that accumulates four serious or very serious serious penalties without paying can not perform any procedure related to it, such as sale or transfer.

 

NEW POINTS OF LOSS OF POINTS

Six points

  • Driving with a higher alcohol level than allowed, or low the effects of drugs, as well as refusing to undergo the Breathalyzer test.
  • Circular recklessly, in the opposite direction, or participate in unauthorized careers in the public thoroughfare.
  • Drive vehicles that have installed radar inhibitors or manipulate the tachometers.

Four points

  • Driving a vehicle with administrative authorization suspended for driving or having prohibited the use of the vehicle being driven.
  • Throw objects that can cause fires or traffic accidents to the road.
  • Do not respect a yield to the pass, skip a stop or a red light.
  • To advance in a continuous line, hindering vehicles traveling in the opposite direction or in conditions of reduced visibility.
  • Carry out the reversing maneuver on the motorway, do not respect the safety distance or do not follow the instructions of the traffic agents.

Three points

  • Do not use the safety belt, child restraint systems or helmet.
  • Driving using headphones or other devices that reduce attention to driving or use mobile phone devices or browsers.
 

PP-A sees that the commission of the Faffe "is born to die" and accuses Cs of being "conchabado" with PSOE-A to "boycott"

Image result for faffe andalucia

SEVILLA, 13 (EUROPA PRESS)

The PP-A has insisted on Thursday that the commission of investigation on the extinct Andalusian Foundation Training and Employment Fund (Faffe) that is going to be created in the Andalusian Parliament “has been born to die”, at the same time it has accused Citizens (Cs) of being “conchabado” with the PSOE-A when vindicating the Presidency of this body “to boycott the investigation”.

This is how the PP-A parliamentarian and spokesperson for Employment, Teresa Ruiz-Sillero, said during the control session to the Government in the Andalusian Parliament, in a question in which she has demanded the trade councilor, Javier Carnero, to clarify if in the Faffe there were debit cards, at the time that accused him of being able to be “hiding data”.

The Minister of Employment, Enterprise and Commerce has replied to the PP-A parliamentarian denying that on the part of the Board has “hidden information”, and defending that, instead, on this issue from the Government of Andalusia have gone ” providing all the information in a timely manner “according to what was available at each moment, and” so we will continue acting, “he added.

Ruiz-Sillero has demanded that Carnero say “taxatively” whether or not these cards existed, because otherwise “they existed and, if he does not say so, he hides data, and that is a way of lying to Parliament”.

Regarding the commission of inquiry, after warning that “was born to die”, criticized the “political postureo” of Cs to claim the Presidency of the same to put in front “a president messed with the PSOE-A to boycott the investigation”.

The PSOE-A has also criticized that “has deliberately blocked the creation of the commission”, in his opinion, could have been launched in August if the Socialists had not submitted the letter against which they have now decided to withdraw.

Also, and after Carnero has explained again that they are waiting for La Caixa to send information about one of the credit cards that were in the Faffe – the other one was from Caja San Fernando -, the PP deputy -A has warned that “no one believes” that the entity has not responded yet, and that with this “the Government remains in evidence, because it seems that La Caixa is being pitorreando”.

“You can not spit on the Andalusians unless Susana Diaz consents to hide that data that can reveal more parties in the brothel,” added Ruiz-Sillero, who has considered that these alleged “are shameless,” just as it is “that the Government continues to hide data from Parliament and Cs is consenting to it”.

The counselor reiterated in his response that he had the same information that he had already moved last week in a parliamentary committee also in response to a question from Ruiz-Sillero, and, in this way, he insisted on pointing out that “since the beginning of the until its termination “to the Board” there are two bank credit card agreements, “one formalized with Caja San Fernando in 2004, and another signed with Unicaja in 2009, and” both on behalf of the managing director of the Faffe, Fernando Villén. “

He recalled that the Board requested the bank statement of these two cards to the aforementioned two entities, but to date they have received only the extract of the card signed with Unicaja, which “was sent to the legal office to be contributed to the court “. As for the extract requested from the former Caja San Fernando, he explained that “on July 24, the legal cabinet was informed of the need to have” said banking information.

THE BOARD IS GOING TO “ARRIVE UNTIL THE END”

THE BOARD IS GOING TO "ARRIVE UNTIL THE END"

In addition, the counselor has pointed out that the commission to investigate the Faffe the Board intends to provide “all the information we have,” and has called on the PP-A “be by your side if you really want to get to the end “in this matter, because on the part of the Board” we will reach the end “.

In that line, Carnero has stated that “I complied, complied with and complied with my obligation to comply with the law,” and claimed that there would be “absolute clarity, zero tolerance and the requirement of all the appropriate responsibilities” over “fraudulent use” of said cards “if there has been on Villén’s part if justice so determines.”

Finally, the counselor has argued that the Andalusian Government “is concerned about working for the Andalusians”, and does so by promoting spaces for innovation, employment plans or incentives for hiring, as reported. “The meetings I leave to you,” said Carnero in reference to the PP-A.

Why you should pay higher fees on your personal loan

When we apply for personal loans our goal is to get the best financing at the lowest price . After having compared and chosen the cheapest credit that best suits our situation we can find a small detail that practically nobody takes into account and that will make our financing more expensive without us knowing.

The importance of terms in personal loans

The importance of terms in personal loans

When we are choosing between the different personal loans we look at the APR, the commissions that can be charged to us, the speed with which they will grant us the financing, the requirements and the linked products. However, we must also take into account the term that we will choose to reimburse the credit since the longer the term, the more interest we will pay at the end.

The following table shows the final cost of a personal loan of € 10,000 at 7.18% APR depending on the time it takes to repay it:

Quantity TAE Term Monthly fee Total to pay
€ 10,000 7.18% 12 months (1 year) € 886.10 € 10,393
€ 10,000 7.18% 24 months (2 years) € 448.54 € 10,765
€ 10,000 7.18% 36 months (3 years) € 309.59 € 11,145
€ 10,000 7.18% 48 months (4 years) € 240.30 € 11,534
€ 10,000 7.18% 60 months (5 years) € 198.86 € 11,932
€ 10,000 7.18% 72 months (6 years) € 171.36 € 12,338

The difference between fully repaying our loan between 1 and 7 years will be € 1,945 and the figure will continue to rise if we decide to extend the term. Not everyone can afford to pay almost € 900 per month to return our credit in a year, so the best alternative is to choose a monthly payment that we can afford to return in the shortest possible time .

Pay the personal loan with early repayment

Pay the personal loan with early repayment

If we are already paying our personal loan and we believe that we can pay a higher monthly payment to reduce the pending term, we can renegotiate with our entity.

Another way to end up paying less will be to make an early amortization , this is the total refund in a single payment of the capital that we need to return. Many entities charge a “fine” to return our credit ahead of time , usually 1% if the term is greater than one year and 0.5% if the term is shorter. Many other entities offer personal loans with free early repayment , so returning the credit early would be free.

Personal loans with free early amortization

Personal loans with free early amortization

These are two personal loans that offer free early amortization, they have no commissions and your request is made 100% through the Internet.

Lender TAE Term Terms I’m interested
Orange Loan ING Direct 7.18% 17 years
  • Up to € 40,000
  • No commissions
  • No need to domicile the payroll
  • 100% online request
Apply for
Cofidis Project Credit From 5.06% 16 years
  • Up to € 15,000
  • No commissions
  • Without changing bank
  • 100% online request
Apply for

In conclusion, the higher the amount requested in a loan, the higher the interest , so we must find the balance between monthly payments that allow us to continue with our daily expenses and a term that is the minimum possible to pay less interest and if we can collect the capital that we need to finish repaying the loan, opting for early repayment.

Term life insurance Comparison 2016: A direct hit, a failure

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Term life insurance Comparison 2016: A direct hit, a failure

In the current term life insurance comparison 2016, the German Institute for Service Quality (DISQ) examined 45 survivor protection providers in terms of price and performance. It turns out that especially the amount of contributions varies considerably. In the investigation, a provider reaches the full score. Another, on the other hand, is completely empty.

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Risikolebensversicherung Vergleich 2016: Diese Anbieter überzeugen
Term Life Insurance Comparison 2016: 17 times very good

DISQ's 2016 new term life insurance comparison illustrates how important it is to compare different offers before taking out risk provisioning. In the survey of 45 providers, a total of 17 insurers score very good marks . However, eleven companies only achieve a sufficient rating, while six even fail with a poor rating. The results could hardly be more different. So convinced the test winner Europe with 100 out of 100 possible points. The life insurance of the LV 1871 , however, can not get a single point .

Top 5 in term life insurance comparison 2016

  1. Europe
  2. DLVAG
  3. HUK24
  4. BNP Paribas Cardif
  5. WGV

Term Life Insurance Comparison 2016 confirms current test results

The 2016 term life insurance comparison is not the first DISQ survivor protection test. A look at the results of last year shows that not much has changed in the test winners and losers. However, there are also positive examples , such as the insurer VPV, which has obviously improved its offer and now instead of a poorly achieved a good result. In addition , other tests confirm the outcome of the DISQ . For example, the winners of the WirtschaftsWoche, Dialogue and Community Life rankings are also among the recommended providers for the DISQ.

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Large price differences in term life insurance comparison 2016

According to the term life insurance comparison 2016, the contributions in the various offers are often far apart . "For term life insurance, a price comparison is urgently recommended before concluding the contract – especially since the performance of insurance products hardly differ," said Markus Hamer, Managing Director of the German Institute for Service Quality, to n-tv.

It is not uncommon for term life insurance to save a few hundred dollars a year by making a comparison. In addition to a cost check, it is also important for those interested to choose the sum insured correctly. Although you can save money by reducing the insurance benefits in the event of death. However, the sum is then in an emergency probably not enough to provide the beloved financial security. Experts recommend a sum insured equal to three to five times the gross annual income . If there are even larger loans, such as mortgage lending, the sum insured should be adjusted accordingly.

Here you will find tips and more information about life insurance.

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Sabine Temm

editorial staff

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