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In insolvency proceedings, third-party payments are often made to the insolvency estate because insolvency administrators "lobby" for a payment. As a rule, everything usually goes well because the insolvency administrators have reliable liquidity planning. However, if the insolvency administrator subsequently refuses to make payment with…

While avoidance proceedings with insolvency administrators used to be focused on the question of whether and to what extent the party to whom avoidance is declared was aware of the illiquidity, more recent decisions seem to focus more on the question of whether the would-be insolvency debtor acted with the intent to place creditors at a…

The validity of contract clauses allowing a party to exit the contract solely for the reason that the other party becomes illiquid and/or a petition for insolvency is filed or insolvency proceedings are instituted is a matter of intense debate.