Initial Situation
KAPALUA GmbH luxus in simplicity produced knitwear and other textiles and distributed them in Germany and abroad. It was part of a corporate group that included CTV Vermögensverwaltungsgesellschaft mbH and KAPALUA Retail GmbH. Parallel to the debtor’s petition, petitions were filed for CTV Vermögensverwaltungsgesellschaft mbH and KAPALUA Retail GmbH. The debtor held 100 percent of the shares in the latter company, which operated the retail stores for the sale of the debtor’s goods to the end customers in Hamburg and Düsseldorf. The debtor had taken over operations from CTV Vermögensverwaltungsgesellschaft mbH — including the trademark rights — in the last year before the petition. However, she had not fulfilled her obligations pursuant to the contract. The debtor’s efforts to acquire an investor had also failed for this reason. The debtor employed 40 people.
The Insolvency Proceedings
The debtor’s business operations continued. Retail sales in the stores also continued. Insolvency administrator Joachim Büttner was also appointed as administrator for CTV Vermögensverwaltungsgesellschaft mbH and KAPALUA Retail GmbH. The transferring reorganization could be realized in acceptable form because transparent coordination for all the proceedings was successful.
The jobs in the debtor’s organization were saved. The surplus from the final disbursement at KAPALUA Retail GmbH accrued to the assets of KAPALUA GmbH luxus in simplicity.
The Result
The creditors — including CTV Vermögensverwaltungsgesellschaft mbH — received a quota of 62.5 percent. In the case of CTV Vermögensverwaltungsgesellschaft mbH, a quota of approximately 40 percent is expected to be available for disbursement.
Conclusion: 2021
