Part Eleven – International Insolvency Law

Chapter Two – Foreign Insolvency Proceedings

Section 352 – Interruption and Resumption of Court Proceedings

(1) Court proceedings pending at the time of commencement of foreign insolvency proceedings relating to the insolvency estate are interrupted by commencement of the foreign insolvency proceedings. The interruption shall continue until the court proceedings are taken up by a person who is authorised in accordance with the law of the state where the insolvency proceedings have been commenced to resume the court proceedings or until the insolvency proceedings are terminated.

(2) Subsection (1) applies with the necessary modifications where the power to manage and dispose of the debtor’s assets has passed to a preliminary insolvency administrator through the ordering of protective measures pursuant to section 343 (2).

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German Insolvency Code / in force since 29. December 2016