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Insolvency proceedings concerning DERK Handelsgesellschaft, Garten- und Landschaftsbau GmbH were opened on 2026-09-15 at the Magdeburg (case no. 340 IN 231/26 (371)). Procedure type: Debtor in possession. Rechtsanwalt Andreas Wegner was appointed as insolvency administrator. Creditors must file claims with the administrator by 2026-11-04.
Facts from the official notice and register that change how you approach this case.
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Full text of the §9 InsO opening decree from insolvenzbekanntmachungen.de.
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Create buyer profile — freeBuying out of an insolvency estate is an asset deal: you buy individual assets and rights, not the company. This is the checklist experienced buyers work through before they bid. We do not hold the answers for this proceeding — they come from the administrator.
Retention of title, security assignment and leasing are the most common reason the machine in the photo is not part of the sale. The administrator may only realise what belongs to the estate (§§ 47, 51 InsO). Ask for the list of third-party claims before you value anything.
With leased premises the landlord decides whether the lease transfers to you. For a location-bound business, a site you may not keep IS the deal. Establish ownership, remaining term, termination rights and the landlord's consent — in writing, before you bid.
Licences, hospitality permits, Handwerksrolle registration, § 34c GewO permits, healthcare and transport approvals: some transfer with the business, others are attached to a natural person and lapse with them. For a regulated trade, a permit matrix is the first step, not the last.
Insolvency proceedings concerning DERK Handelsgesellschaft, Garten- und Landschaftsbau GmbH were opened on 2026-09-15 at the Magdeburg (case no. 340 IN 231/26 (371)).
The competent court is the Magdeburg. The proceedings are conducted under case number 340 IN 231/26 (371).
DERK Handelsgesellschaft, Garten- und Landschaftsbau GmbH is recorded in the official register under HRB HRB 105934.
Rechtsanwalt Andreas Wegner, Magdeburg was appointed by the court as insolvency administrator. Buyers and creditors contact the administrator directly.
Creditors must register their claims with the administrator by 2026-11-04.
Official announcement pursuant to § 9 InsO. Names of natural persons have been removed. Source: insolvenzbekanntmachungen.de.
Domains are frequently registered to a shareholder or an agency rather than to the company, and trademarks are sometimes licensed in from a holding entity. Without the domain and the mark you are buying inventory, not a business. Customer data needs a separate data-protection assessment — a customer base is not a chattel.
Taking over a business or part of one means stepping into the existing employment contracts, insolvency or not. What insolvency changes is liability for OLD obligations: for claims that arose before the proceeding opened, settled BAG case law says the buyer does not carry them. The social plan is capped by § 123 InsO at 2.5 monthly salaries per employee, and at one third of the estate that would otherwise be distributed. Model headcount × monthly salary × 2.5 as the ceiling, then test the one-third limit against the estate.
Under § 103 InsO the administrator elects whether to perform contracts neither side has completed, and in an asset deal customer and supplier contracts transfer only with the counterparty's consent. Ask which five contracts the business cannot run without — ERP, payment provider, fulfilment, key supplier, key customer — and settle novation before closing.
General information on German law. Not legal advice, and not a statement about this company. For the actual case only the administrator and the purchase agreement decide.
In many insolvency proceedings the business operations or individual assets are sold via a transferring restructuring (asset deal). Interested buyers approach the appointed insolvency administrator; the official facts and deadlines above are the starting point.
How does an insolvency asset deal work? What deadlines matter? When is the best moment to talk to the administrator?