Tag Archive: inso-19

OLG Hamburg: Business continuation prognosis is based on ex ante perspective of prudent director at the time of assessment

The Higher Regional Court of Hamburg (OLG Hamburg, 25 June 2010, 11 U 133/06) ruled that the business continuation prognosis according to § 19 (2) of the German Insolvency Code is based only on the view of a prudent director at the time of assessment. Subsequent findings concerning the director’s assessment made on such a …

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