05-04-2015 / Press releases

Prof. Dr. Uthoff withdraws insolvency plan

The tax office has not yet agreed to complete debt relief through an insolvency plan /Rather than a reconciliation of interests in the insolvency plan, now a regular insolvency procedure is to take place

KIEL, 4 MAY 2015. Prof. Dr. Detlef Uthoff today withdrew the submitted insolvency plan. He therefore asked Kiel district court to cancel the discussion and voting session scheduled for Thursday. At this meeting, the creditors’ representatives were to have had voted on the insolvency plan.


“It has not yet been possible to achieve a balance between the interests of the creditors and those of the debtor by means of the insolvency plan submitted, since the Kiel Nord tax office in particular did not want to agree to a complete tax exemption for Prof. Dr. Uthoff after the adoption of the plan. However, this does not preclude further disadvantages for Prof. Dr. Uthoff. The proceedings will therefore be completed under his own administration, but without an insolvency plan,” explained Prof. Rolf Rattunde as general representative of Prof. Dr. Uthoff. 


“Within the procedure so far, I have already achieved my most important goal: The internationally renowned Bellevue Eye Clinic, which I built up, is being continued through the sale of all 160 of my doctors’ workplaces. So my life’s work is secured for the long term. Unfortunately, the tax situation could not be conclusively clarified in the insolvency plan proceedings. It remains unclear whether the tax office will levy taxes on restructuring gains, or the city of Kiel on trade taxes after the plan is adopted. This is particularly regrettable since the tax office was unable to clarify open tax issues for years, and disputed tax claims by the city of Kiel ultimately endangered the 160 jobs at the clinic and led to the application for insolvency,” said Prof. Dr. Detlef Uthoff. 


Against this background, an insolvency plan offers neither advantages for Prof. Dr. Uthoff nor for the majority of creditors in comparison to a regular settlement in normal insolvency proceedings. It should also be possible to distribute the insolvency estate quickly by means of a partial distribution of the insolvency estate.


Further information:

Prof. Rolf Rattunde

LEONHARDT RATTUNDE,

Kurfürstendamm 26 A, 10719 Berlin,

Tel. 030-8859030, Fax: 030-885903100,

berlin_at_leonhardt-rattunde.de

www.leonhardt-rattunde.de


Dr. Jochen Mignat, Dr. Mignat PR,

Am Hexenpfad 11, 63450 Hanau,

Tel. 06181-50791-22, Fax 06181-50791-11,pr_at_mignat.de

LEONHARDT RATTUNDE is a leading law firm for insolvency law in Germany. In addition to insolvency administration, the firm also offers reorganisation consulting, litigation, contract law and notarial services in Berlin, Erfurt, Kiel and Cologne. The firm

Rolf Rattunde †

Lawyer / Specialist lawyer in tax law / Insolvency administrator / Notary registered in Berlin / Partner