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Mareike Schwedler

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Name: Mareike Schwedler
Date registered: October 21, 2014

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  1. Federal Court of Justice: Positive knowledge of Ponzi scheme implies creditor’s knowledge of wilful discrimination — July 20, 2015

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Federal Court of Justice: Positive knowledge of Ponzi scheme implies creditor’s knowledge of wilful discrimination

The Federal Court of Justice (BGH, 8 January 2015, IX ZR 198/13) acknowledged the creditor’s positive knowledge of a Ponzi scheme run by the debtor when enforcing a claim for the repayment of an investment as a material sign of evidence that the creditor intends to discriminate other creditors pursuant to § 133 (1) German Insolvency …

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Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2015/07/20/federal-court-of-justice-positive-knowledge-of-ponzi-scheme-implies-creditors-knowledge-of-wilful-discrimination/