Deutsch term
Verwertungsvereinbarung
1. Debtor owns real property and creates mortage to secure finance
2. Becomes insolvent
3. Receiver or administrator is appointed
4. Other creditors also try and collect debt and try to enforce their mortgages and land charges, liens, whatever
5. Receiver or administrator invites them to conclude agreement with him and between each other so that receiver and administrator can sell real property and then
6. Receiver and administrator pays out proportional share to each creditor after deduction of his own costs
because under german law, the receiver/admin's power to dispose and enter into transaction etc terminates in relation to real property if a creditor who is secured by a mortgage commences to enforce their claim via the mortgage
basically with this agreement people overcome disputes Re who can get what out of the insolvency estate (if that's an existing term). creditors and receiver/admin can annoy each other a lot and fight for years, therefore agreement is needed and common
4 +1 | creditors voluntary arrangement |
Faye Bennett
![]() |
2 | liquidation agreement |
David Wright
![]() |
check this |
Johanna Timm, PhD
![]() |
Sep 30, 2011 09:20: Steffen Walter changed "Field (write-in)" from "Verwertungsvereinbarung" to "(none)"
Proposed translations
liquidation agreement
--------------------------------------------------
Note added at 6 mins (2011-09-30 09:24:07 GMT)
--------------------------------------------------
to asker: I would think (but am by no means sure) that here the term liquidation of assets (as opposed to liquidation of company) can apply to persons and companies.
Isn't that more in relation to a company's liquidation. Here the debtor/insolvent person can be a natural person. |
creditors voluntary arrangement
Reference comments
check this
realisation agreement (Verwertungsvereinbarung) in which they agree apart
from §§ 170, 171 InsO on costs of identification and realisation, way and
time of realisation and acknowledgement of Insolvency Administrator of
validity of security perfection"
http://www.paulhastings.com/assets/pdfs/Enforcement_and_Inso...
Discussion
not very spectacular or conclusive, I know. but a legal term is a lgeal term
I don't know whether the term is suitable as translation of Verwertungsvereinbarung as you have not given us any German text.
Hope this helps.