Massegläubiger

Massegläubiger refers to creditors whose claims arise from actions taken after a company has entered insolvency proceedings. These claims are distinct from pre-insolvency claims, which are held by creditors before the insolvency process began. The concept of Massegläubiger is particularly relevant in German insolvency law, though similar principles exist in other jurisdictions.

The primary characteristic of Massegläubiger is that their claims are incurred in the interest of the insolvency estate itself. This can include expenses related to the administration and preservation of the estate, such as costs for legal counsel, insolvency administrators' fees, or expenses for maintaining assets. Massegläubiger are generally granted a preferential status within the insolvency proceedings. This means their claims are paid out before those of the Massegläubiger, who are creditors with claims that arose before the opening of the insolvency proceedings.

This preferential treatment aims to ensure that essential services and actions necessary for the orderly winding up or restructuring of the company can be secured. Without this, it would be difficult to conduct the insolvency proceedings effectively, as potential service providers would be hesitant to extend credit or provide services if their payment was uncertain and ranked below existing debts. The specific ranking and payment order of Massegläubiger are typically detailed in the insolvency plan or determined by the insolvency court.