Clawback in secondary insolvency proceedings
Last week we have discussed during a hearing in the Commercial Court of Palma de Mallorca if any secondary insolvency proceeding's creditor may put under suspicion any decision adopted by the main insolvency proceeding trustee before filling the secondary insolvency proceeding and finally, filling a clawback action in order to return to the secondary insolvency proceeding an asset to pay the local creditors.
It could be easier to understand if we share the facts, the Romans usually said: "mihi res et dabo tibi ius" Air Berlin was declared insolvent by a German Court and it was the main insolvency proceeding in 2017. However, Air Berlin had an establishment in Palma de Mallorca (Spain) where there were nearly 32 employees which credit is nearly 1 million euros. The Air Berlin trustee has ordered in 2019, before the former Air Berlin employees filled the secondary insolvency proceeding, to transfer nearly 1 millon from Spain to Germany.
Could the former Air Berlin employees question within the secondary insolvency proceeding open in Spain the order given by the main insolvency proceeding trustee?
I will be delighted to hear your opinions and even more if you share with us any Court decisions.?