The insolvency procedure has started for NetSE, the company behind Meyer Optik Görlitz, Emil Busch, Oprema Jena, C.P. Goerz, Ihagee Elbaflex & A. Schacht (see previous blog posts). If you have paid for a lens on Kickstarter and have not received it, I think the changes are very slim that you will get anything back.
Here are the details from the insolvency filings:
21 IN 128/18: On the assets of net SE, Moselufer 50, 56073 Koblenz (AG Koblenz, HRB 22180), deputy d. Stefan Immes, (managing director), was opened on 01.10.2018 at 08:00 o'clock the insolvency procedure.
The creditors are invited:
- a) to file insolvency claims (§ 38 InsO) with the insolvency administrator in compliance with § 174 InsO by 12.2018 ;
- b) notify the insolvency administrator immediately of the security interests they are claiming in respect of movable property or rights of the debtor. The object to which the security interest is claimed, the nature and reason for the security interest as well as the secured claim must be designated. Who negligently omits or delays the notification, liable for the resulting damage (§ 28 para 2 Insolvency).
Persons who have obligations to the debtor are requested to pay no longer to the debtor, but to the insolvency administrator (§ 28 (3) InsO).
The procedure is conducted orally.
In front of the bankruptcy court, a creditors' meeting will be held on Tuesday, January 15, 1919, 11:00 am, Room 123, Hauptjustizgebäude, Karmeliterstraße 14, 56068 Koblenz for reporting by the insolvency administrator and for checking the registered claims (reporting and examination date) .
The appointment serves at the same time the decision of the creditors over
- The person of the insolvency administrator (§ 57 InsO),
- The appointment or retention and appointment of a creditors' committee (§ 68 InsO)
and optionally via:
- The effectiveness of the administrator's declaration on assets from self-
employment (§ 35 Abs. 2 InsO),- Interim statements to the creditors' meeting
(§ 66 Abs. 3 InsO),- A depositary and conditions for the investment and deposit of money, securities and valuables (§ 149 InsO),
- The progress of the procedure (§ 157 InsO); z. B. Company closure, provisional continuation or insolvency plan,
- The realization of the insolvency estate (§ 159 InsO),
- Particularly important legal acts of the insolvency administrator (§ 160 InsO); in particular: the sale of the debtor 's business or business, the warehouse as a whole, an immovable property, a debtor' s interest in another enterprise intended to establish a permanent relationship with that undertaking, the taking out of a loan, massively incriminating, appealing, taking, settling or avoiding a litigation dispute
- A sale of the business to a person who is particularly interested or a sale of an enterprise below value (§§ 162, 163 InsO),
- An application for an order for self-administration (§ 271 InsO),
- Payment of maintenance from the insolvency estate (§§ 100, 101 InsO),
- A cessation of the proceedings by the court § 207 InsO without convening a special creditors' meeting.
Note: Approvals of the creditors to particularly significant legal acts under § 160 InsO are deemed to have been granted, even if a convened creditors' meeting has no quorum.
The full resolution including the legal remedy can be viewed at the office of the Bankruptcy Court.
District Court Koblenz, 01.10.2018
