Glossary entry

German term or phrase:

Forderung gekündigt

English translation:

give (loan call-in) notice accelerating the maturity of the debt

Added to glossary by Elizabeth Kelly
Dec 13, 2013 17:22
10 yrs ago
1 viewer *
German term

Forderung gekündigt

German to English Bus/Financial Law (general) Application for insolvency proceedings
Antrag auf Eröffnung eines Insolvenzverfahrens gegen einen Schuldner (Herr A.), eingereicht von einer Gläubigerin (Bank).

Gegen Herrn A. machen wir per 2. August 2010 Forderungen in Höhe von [Betrag] geltend. Die vorgenannte Forderung haben wir am 10 Juli 2008 gegenüber Herrn A. gekündigt. Eine Kopie des Kündigungssschreibens fügen wir bei.

Withdraw the claim? But that would contradict the first sentence, right? TIA
Change log

Dec 13, 2013 17:27: Steffen Walter changed "Field" from "Law/Patents" to "Bus/Financial"

Discussion

Adrian MM. (X) Dec 14, 2013:
@Ellizabeth and Johanna I was referring not to you, Elizabeth, but to the commentators who - gobsmackingly - suggested the claim was being cancelled or written off: the opposite in fact to what I think is going on. Your idea is right, except I would not recommend the debt or claim being foreclosed, except for US consumption.
Elizabeth Kelly (asker) Dec 14, 2013:
@ Johanna Yes, that sounds right, since the bank is applying for insolvency proceedings over the debtor's assets due to inability to pay. Unfortunately, banking is not my territory Tom, so would you both agree with "The claim was called in/foreclosed on 10 July 2008 and Mr A. was notified of the call-in/foreclosure."?
Adrian MM. (X) Dec 13, 2013:
Foreclosure procedure I agree with Johanna T. It's akin to a home mortgage foreclosure process in the US/Can and a loan call-in in the UK/Eire/Oz etc.

Perhaps some respondents should 'accelerate their sell-by date' and revisit their banking and commercial law notes.
Johanna Timm, PhD Dec 13, 2013:
* I think that the borrower was in default, allowing the bank to call in the entire loan.
http://dejure.org/gesetze/BGB/498.html
http://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb....
Elizabeth Kelly (asker) Dec 13, 2013:
Nope, nothing at all. This is the first page of the document and the first time they refer to a claim.
H. C. Centner Dec 13, 2013:
Yes, perhaps higher in the text a previous claim is mentioned??
Elizabeth Kelly (asker) Dec 13, 2013:
Yes, that would make sense .... ... but there is no mention of any other claim, only this one. Also, they hold some insurance policies as securities for the "aforementioned claim".
AllegroTrans Dec 13, 2013:
Elizabeth What I read this as saying is that the creditor withdrew a previous claim

Proposed translations

+1
4 hrs
German term (edited): Forderung kündigen
Selected

give (loan call-in) notice accelerating the maturity of the debt

Die vorgenannte Forderung haben wir am 10 Juli 2008 gegenüber Herrn A. gekündigt.

On Joanna T. 's lines:

We gave Mr. A notice *on the 10 July 2008* calling in the loan by accelerating the maturity of the receivable.

The call-in wasn't timed to take effect on the 10th July. cf. *zum* 10 Juli einen Mietvertrag/(AT) Bestandvertrag kündigen: give notice to quit expiring = effective on that date.
Example sentence:

The maturity of the Note has been accelerated and all sums secured by ..... notices to cure the default and accelerate the maturity of the Debt .

Peer comment(s):

agree Johanna Timm, PhD : yes. gekündigt= hier:eingefordert
6 hrs
Thanks - also for your discussion entry ideas.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you so much!"
+1
50 mins

the claim refered to above was made known

kündigen can also mean to call or give notice of cancellation. This would be appropriate if he had been given notice in 2008 that his payments were to be paid by 2010. Could this be the case?

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Note added at 52 mins (2013-12-13 18:14:46 GMT)
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Actually I should probably have written
"the cancellation of the claim referred to above was made known in...."
Peer comment(s):

agree Wendy Streitparth : Or maybe: Mr A was informed of the......
2 hrs
neutral AllegroTrans : was served?
2 hrs
Something went wrong...
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