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The Local Court of Weilheim has appointed Mr Mirko Möllen from PLUTA Rechtsanwalts GmbH as provisional insolvency administrator for Dorfladen Wörthsee UG. The company had to file for insolvency on 19 December 2019. The managing directors have already closed the company and terminated all nine employees effective 31 December 2019 or 15 January 2020.
Filing for insolvency became inevitable for the company due to liquidity problems. As costs could not be covered by the sales generated, there was an insufficient financial basis for the company’s continued existence.
The Dorfladen Wörthsee village shop was launched as a cooperative project in June 2018. The goal was not only to sell food, but also to encourage social contact among locals. Some 220 partners supported the opening of the village shop with great commitment.
A possible successor has already been found: at an assembly with restructuring expert Mr Möllen and the silent partners, Ms Nina Henzel presented a new concept for the village shop. The former employee has already received 6,000 euros in donations. If she succeeds in raising 12,000 euros, she will reopen the shop. Otherwise the donations will be returned. Ms Henzel would take equipment and furniture for the new shop from the insolvency estate.
PLUTA attorney Mr Mirko Möllen said, “I am pleased that a possible successor has been found. If the financial resources and staff needed are available, it may be possible to open a new village shop in Wörthsee.” Mr Möllen also pointed out that creditors’ claims will be satisfied first in insolvency proceedings. Silent partners are only paid an insolvency dividend if a 100% recovery rate is achieved. That will not be the case in these proceedings. Therefore, even if proceedings are opened, the silent partners will not be able to file claims for inclusion in the insolvency schedule.