Security measure (§ 21 InsO)
Preliminary court measures between insolvency filing and opening decision. Protects the insolvency estate.
After the insolvency filing, the court examines admissibility and merits — a review phase during which the estate must be secured. § 21 InsO allows the court to order preliminary measures such as appointing a preliminary administrator, disposal bans or suspension of enforcement.
This phase typically lasts 4–8 weeks. Operations often continue under preliminary supervision. Deals are only possible in narrow exceptions (urgent sale of perishables, „free-hand sale” with court approval).
For buyers, the SICHMASS phase is early positioning: contact with the preliminary administrator, signalling interest, preparing the data room and structure. After the opening decision the actual deal phase begins.
Related terms
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- → Opening decision (§ 27 InsO)— Court decision opening the insolvency proceeding. Essential starting point of the administ…
- → Insolvency administrator— Court-appointed representative of the insolvency estate. Takes disposal rights, monetises …
- → Preliminary insolvency administration— A court-ordered security measure (§§ 21 f. InsO) between the insolvency petition and the o…