Der Amtsermittlungsgrundsatz des Restrukturierungsgerichts nach dem StaRUG

With the German StaRUG the legislator created a toolbox for pre-insolvency crisis management that is similar to the German InsO in many aspects. The author analyses whether the principle of ex officio investigation by the restructuring court, as proclaimed in the explanatory memorandum to the StaRUG, is identical to the similar provision in the German InsO. The performance of ex officio investigations by the restructuring court is compared in detail to ex officio investigations by the insolvency court in similar situations. The results found in this study are relevant for both research and professionals regarding the interpretation and application of the principle of ex officio investigations by the restructuring court.