Sep 30, 2011 09:17
13 yrs ago
11 viewers *
Deutsch term

Verwertungsvereinbarung

Deutsch > Englisch Rechts- und Patentwesen Recht: Verträge
Is there something better than 'utilisation/exploitation/realisation agreement'?

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
Change log

Sep 30, 2011 09:20: Steffen Walter changed "Field (write-in)" from "Verwertungsvereinbarung" to "(none)"

Discussion

UK insolvency practitioner says: settlement arrangement

not very spectacular or conclusive, I know. but a legal term is a lgeal term
Individual Voluntary Arrangement Verwertungsvereinbarung is between insolvency practiotioner and creditors, the debtor is not a party to te contract I think
Individual Voluntary Arrangement Verwertungsvereinbarung is between insolvency practiotioner and creditors, the debtor is not a party to te contract I think
Voila text Alle weiteren Zweckbestimmungserklärungen, Sicherungs- und Verwertungsvereinbarungen innerhalb oder außerhalb dieser Urkunde gelten erst, nachdem der Kaufpreis vollständig gezahlt ist, in jedem Fall ab Eigentumsumschreibung auf den Erwerber. Der Verkäufer darf nicht der persönlichen Haftung unterworfen werden.
AllegroTrans Sep 30, 2011:
Not sure what you are asking A term which fits your English definition would be an IVA (Individual Voluntary Arrangement) but this would be for England (&Wales).
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.

Proposed translations

3 Min.

liquidation agreement

Declined
This really is a guess, but what the receiver is wanting to do is to liquidate the assets and pay out the cash.

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Note added at 6 mins (2011-09-30 09:24:07 GMT)
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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.
Note from asker:
Isn't that more in relation to a company's liquidation. Here the debtor/insolvent person can be a natural person.
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+1
4 Stunden

creditors voluntary arrangement

Declined
May be a creditors VA if the debtor is a company, rather than an individual VA where the debtor would be an individual.
Peer comment(s):

agree Emiliano Pantoja
54 Tage
Something went wrong...

Reference comments

9 Stunden
Reference:

check this

"Typically the Insolvency Administrator and the secured creditor conclude a
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...
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