The former managing director of the airline Germania, Karsten Balke, failed in his attempt to obtain an injunction against the insolvency administrator.
Balke had publicly accused insolvency administrator Rüdiger Wienberg of manipulating accounting, deleting company data and curtailing his information rights. The district court of Berlin has now rejected the application in its entirety. "If an insolvency administrator updates incomplete accounting, that is not manipulation, but his legal mandate," emphasized Wienberg. "That's a crucial difference, and it's important that the court has now made that clear." In its decision, the Berlin Regional Court assumed that the criminal accounting manipulations alleged by Balke "are not proven by anything". The subsequent postings initiated by the insolvency administrator are not objectionable. Wienberg was even obliged to make the bookings that Balke, as managing director, had omitted.
After his appointment as insolvency administrator, Wienberg found a large number of invoices that had not yet been recorded by Germania's corporate accounting. He had eliminated this posting backlog in order to generate reliable balance sheets and to determine the company's actual degree of indebtedness. In its decision, the Berlin Regional Court actually assumes that there are “concrete deficiencies” in the bookkeeping for which Balke is responsible, in particular “massive posting arrears”. According to the court, the posting processes that Balke had compiled as examples of allegedly incorrect postings were all "not objectionable".
The court also did not follow the accusation that the insolvency administrator had "deliberately" deleted, destroyed or changed links or business documents. Above all, Balke had complained that Wienberg had deactivated the programs that were no longer needed after the opening of insolvency proceedings. The judges emphasized that the insolvency administrator is not entitled to unconditionally refrain from making changes to the data, especially to the accounting. After consideration, the insolvency administrator must in principle be able to restructure the business documents or even destroy them (e.g. to save costs).
In addition, Balke had accused the insolvency administrator of denying him access to company data. The court also rejected this accusation and confirmed that Wienberg had fulfilled its obligation to inspect the data with the remote data access it had provided. There is no claim to a specific technical implementation. The airline Germania filed for bankruptcy on February 4, 2019 and had to cease operations at the end of March 2019.