Our partner, Dr Martin Linsenbarth, discusses together with Dr René Kliebisch in the current issue of the Zeitschrift für Wirtschaftsrecht (ZIP) issue 11, 2022, p. 512 et seq. the current case law of the Federal Court of Justice on intentional avoidance pursuant to section 133 InsO.

In May of last year, the IX Civil Senate of the Federal Supreme Court (BGH) readjusted its case law on avoidance with intent in a ruling that had already been the subject of much discussion. This ruling has led to a very controversial debate on the correct classification of this new line of case law. On the basis of this decision, the authors develop a general classification of the essential statements in their article and have taken a look at the first decisions of the lower courts on this issue. Since the decisions of the Federal Supreme Court published in the last few days were not yet available at the time of going to press, they could not yet be taken into account.

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