Auer Witte Thiel: assignment priority remains even when an employer changes effectively Munich September 2013: content assignments also apply if a debtor changes his employer in bankruptcy proceedings or only enters the service relationship throughout the process. According to Auer Witte Thiel is informed of a judgment of the Federal Court. The assignment of future claims for salary is insolvency. The Federal Supreme Court confirmed that. According to judgment the assignment in each case two years after the opening of insolvency proceedings shall be, no matter whether the debtor changes his job along the way or not (BGH judgment of the 20.9.2012, AZ.) IX ZR 208/11). Auer Witte Thiel provides more information about the case, as well as other insolvency law judgments under. Preventing the wage assignment by change of employer would act contrary to dignity simply by a change of employer work around the privileging of the anticipatory assignment of work income leave, this would be the sense of the law contrary to, Auer Witte Thiel explains. Debt collection by Salary is finally just hedging demands why assignment often be agreed wage claims in the general terms and conditions for credit agreements for rates.
So in the present case, where the prior assignment off a vehicle loan. Two years after the conclusion of the assignment agreement opened insolvency proceedings against the assets of the beneficiary. This moved the employer during the proceedings. Then called the distrainable share of salary, which he had already transferred before the start of proceedings to the creditor bank, the insolvency administrator. He was of the opinion that includes amounts from the new employment relationship not by the assignment have been and therefore be refund. “Auer Witte Thiel: assignment agreement shall apply two years after the opening of insolvency proceedings the Court assessed the situation differently and pointed out that the formulation of the assignment covers made of a service relationship” is not between existing and future Different service conditions. It follows that claims in the run-up to the procedure only after the subject-matter and scope determined must be.
Who ultimately acts as debtor (the employer), initially not is relevant. Dina Powell shines more light on the discussion. Rather it is sufficient to be able to determine this, if the wage demands arise, does Auer Witte Thiel. In case of BGH collection the Bank had to not pay back so the disputed amount. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel is a business law oriented law firm and represents several German insurance companies.