Massefremde Masse

Klaus Oepen deals with the various extension rules which state that bankruptcy proceedings have an effect on creditors' claims against additional debtors. These rules fall into two categories: The rules of the first category provide the liquidator with the exclusive competence to collect the claims concerned as if those claims belonged to the bankrupt's estate. The rules of the second category apply if an insolvency is cleared up by a settlement between the creditors and the bankrupt. Those rules stipulate that the cuts granted to the bankrupt shall be considered as equally granted to the additional debtor as if his estate were part of the bankrupt's estate. Klaus Oepen does a detailed analysis of the consequences implied by the extension rules.