Dr. Yassin Dimassi
Biography
Overview
Yassin Dimassi has been practicing as a lawyer in the field of insolvency administration and restructuring since 2007.
He has wide-ranging experience in the continuation of insolvent businesses from a variety of sectors and has assisted in numerous cases of restructuring by transfer.
Before becoming a practicing lawyer he spent three years as a legal assistant at a well-known firm of insolvency administrators, focusing on insolvency law.
Please click here for the German bio.
Please click here for our German Restructuring and Insolvency website.
Experience
Creditor disadvantage through repayment of a shareholder loan - comments on a decision by the Federal Court of Justice dated May 02, 2019 (Zur Gläubigerbenachteiligung durch Rückzahlung eines Gesellschafterdarlehens – Anmerkung zum Urteil des BGH vom 02.05.2019), EWiR, Issue 15, pp. 469-470, 2019
Incongruent cover for the settlement of rent liabilities of the debtor by the parent company within the framework of a cash pool - Note to the judgment of the Higher Regional Court Stuttgart of 28.03.2018. In: EWiR, Issue 20, 2018, p. 629-630
Right to contest transactions in (second) insolvency proceedings when a rescue attempt under an insolvency plan has failed, ZIP, Issue 13, Pages 593 et seqq., 2017, (Insolvenzanfechtungsansprüche im zweiten Insolvenzverfahren nach Scheitern der Sanierung durch Insolvenzplan) (co-author with Markus Wischemeyer)
No authority of the managing director of an insolvent company with limited liability to convene an assembly of the bond creditors – comments on a decision by the Higher Regional Court of Stuttgart dated December 27, 2016, EWir, Issue 5, pp. 151-152, 2017
Consent of the insolvency court required if liabilities are to be created by the insolvent company in 'protective shield proceedings' – comments on a decision by the Federal Court of Justice dated March 24, 2016, EWiR, Issue 10, pp. 307-308, 2016
No challenge as a donation of a payment made by an insolvent general partner on a claim against the partnership – comments on a decision by the Federal Court of Justice dated October 29, 2015, EWiR, Issue 3, pp. 79-80, 2016
Insolvency administrators bound by the statutory prohibition of terminating direct insurance – comments on a decision by the Higher Regional Court of Hamm dated July 5, 2013, EWiR, Issue 24, pp. 779–780, 2013
Assignment of claims to wages not covered by insolvency even if the employment contract is entered into following commencement of the insolvency proceedings - comments on a decision by the German Federal Court dated September 20, 2012, EWiR, Issue 1, pp. 19–20, 2013
Legitimate interest of a creditor holding an enforceable title in a declaration by the court regarding the ground on which the tort is based – comments on a decision by the German Federal Court dated December 2, 2010, EWiR, Issue 1, pp. 161–162, 2011
Liability pursuant to Section 613a para. 1 sentence 1 German Civil Code in the case of a sale of business during preliminary insolvency proceedings (Haftung nach § 613a Abs. 1 S. 1 BGB bei Betriebsveräußerung im Insolvenzeröffnungsverfahren), Dissertation, Aachen, 2006