- 13 - occurred while the GmbH was overindebted or insolvent, or within 10 days prior to the GmbH’s becoming overindebted or insolvent, and the other party to the transaction knew of such overindebtedness or insolvency, and (2) any transaction by the GmbH, regardless of when such transaction occurred, the purpose or intent of which was to prejudice creditors, if such transaction occurred at a time reasonably connected to a subsequent bankruptcy. In order to avoid bankruptcy under German law, the owners of a GmbH are required to endorse a plan aimed at improving the GmbH’s financial stability as determined under applicable German accounting principles. D. Petitioner’s Evaluation of G�nther’s Financial Condition Faced with G�nther’s catastrophic net loss for FYE April 30, 1992, petitioner’s management considered its options with respect to G�nther. It ascertained the fair market value of G�nther’s assets, looking for any asset whose fair market value so exceeded its book value that the asset might be converted into cash to pay down bank loans Flint had guaranteed. It attempted to identify any liabilities not reflected on G�nther’s books that could arise if G�nther were sold or liquidated or if G�nther were forced into bankruptcy. Most importantly, petitioner analyzed available options in order to ascertain which option would result in the smallest financial loss to petitioner from G�nther’s financialPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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