Signa Sports United's Internetstores GmbH Declares Insolvency

Insolvency statement in full

6 IN 1385/23
In the proceedings on the application

internetstores GmbH, Friedrichstraße 6, 70174 Stuttgart, represented by the managing directors Stefanie Kniepen and Torsten Waack van Wasen
Registration court: Stuttgart District Court Registration court Registration number: HRB 741359
– Debtor –

Legal representative:
Lawyers GÖRG Partnership of Lawyers mbB, Prinzregentenstraße 22, 80538 Munich
on the opening of insolvency proceedings over one's own assets

Decision:

In order to prevent adverse changes in the debtor's financial situation until a decision on the application is made, the following will be ordered on October 23, 2023 at 3:00 p.m. (§§ 21, 22 InsO): 1. Compulsory enforcement measures
including the execution of an arrest or an interim injunction against the debtor is prohibited from doing so unless immovable objects are affected; Measures that have already begun will be temporarily discontinued (Section 21 Para. 2 No. 3 InsO).
2. Becomes the provisional insolvency administrator

Attorney Dr. Christian Gerloff
Nymphenburger Straße 4, 80335 Munich
Telephone: 089 120260, Fax: 089 12026127
info@gl-law.de

ordered.

Dispositions of the debtor over items of the debtor's assets are only effective with the consent of the provisional insolvency administrator (Section 21 Paragraph 2 No. 2 2nd Alternative InsO).
The provisional insolvency administrator is not the general representative of the debtor. Its task is to secure and preserve the debtor's assets by monitoring the debtor's assets (Section 22 Paragraph 1 Sentence 2 No. 1 InsO). The provisional insolvency administrator must check whether the debtor's assets will cover the costs of the proceedings (Section 22 Paragraph 1 Sentence 2 No. 3 InsO).
The debtor is prohibited from having access to all or part of the debtor's bank accounts and outstanding debts. With regard to the debtor's bank accounts and outstanding debts, the power of administration and disposal is transferred to the provisional insolvency administrator. The provisional insolvency administrator is authorized to collect bank balances and other claims of the debtor and to accept incoming funds.

The provisional insolvency administrator is authorized to open special accounts in the name of the debtor or in his name in the capacity of provisional insolvency administrator (according to judgments of the Federal Court of Justice of February 7, 2019, Ref. IX ZR 47/18 and of January 24, 2019, Ref. IX ZR 110 /17) and also have access to these accounts. In this respect, he is authorized to manage mass liabilities i.e. for account management. S.v. Section 55 Paragraph 2 InsO must be justified. The accounts held by the debtor at credit institutions are obliged to provide information to the provisional insolvency administrator.
The debtors of the debtor (third-party debtors) are prohibited from paying the debtor. You are requested to only pay services to the provisional insolvency administrator in compliance with this order (Section 23 Paragraph 1 Sentence 3 InsO).
According to Section 8 Paragraph 3 InsO, the provisional insolvency administrator is commissioned to serve the decision on the debtors of the debtor (Section 23 Paragraph 1 Sentence 2 InsO) and to provide evidence of this.
The provisional insolvency administrator is entitled to enter the debtor's business premises and operational facilities, including the adjoining rooms, and to carry out investigations there. The debtor must allow him to inspect the books and business papers and, upon request, hand them over to him until the decision on the opening of proceedings has been made. It must provide him with all the information necessary to secure the future insolvency estate and to clarify the debtor's financial circumstances.
At the same time, the provisional insolvency administrator is commissioned to act as an expert to check whether there is a relevant reason for opening based on the debtor's legal form and what prospects there are for the debtor's company to continue.
Note:
The publication made in an electronic information and communication system will be stored there at least for the duration of the order's effectiveness. If the procedure is opened, it will be deleted no later than six months after the cancellation or the discontinuation of the procedure becomes legally binding (Section 3 Paragraph 1 Sentence 1 InsOBekV); If it is not opened, it will be deleted no later than six months after the published security measure has been lifted (Section 3 Paragraph 1 Sentence 2 InsOBekV).

Legal remedies:
An immediate appeal (hereinafter: appeal) can be lodged against the decision.
The complaint must be submitted within an emergency period of two weeks to the
Stuttgart District Court
Hauffstrasse 5
70190 Stuttgart
.
The period begins with the announcement of the decision or, if this is not announced, with its delivery or with the effective public announcement in accordance with Section 9 InsO on the Internet (www.insolvenzknownmachen.de). The public announcement is sufficient to prove delivery to all parties involved, even if the InsO also requires special delivery, Section 9 Paragraph 3 InsO. It is deemed to have taken place as soon as two more days have passed after the day of publication, Section 9 Paragraph 1 Sentence 3 InsO. The event that occurred first (announcement, delivery or effective public announcement) is decisive for the start of the period.
The complaint must be made in writing or by means of a statement recorded in the registry of the said court. It may also be recorded in the registry of any district court; However, the deadline is only met if the protocol is received by the above-mentioned court on time. Legal involvement is not required.
The complaint must be signed by the complainant or his authorized representative.
The notice of appeal must contain the name of the contested decision and a statement that an appeal is being lodged against this decision.
The debtor or the debtor's creditors may lodge an immediate appeal against the decision in the same way, insofar as the aim is to challenge the lack of international jurisdiction in the opening procedure of main insolvency proceedings in accordance with Article 5(1) of Regulation (EU) 2015/848 (Article 102c - § 4 EGInsO).
Appeals can also be lodged as an electronic document. An appeal by email is not permitted. How you can file electronically with the court is described at www.ejustice-bw.de.
Applications and declarations to be submitted in writing, which are submitted by a lawyer, by an authority or by a legal entity under public law, including the associations formed by it to fulfill its public tasks, must be transmitted as an electronic document. If this is temporarily not possible for technical reasons, transmission remains permissible in accordance with the general regulations. The temporary impossibility must be made credible when submitting a replacement or immediately afterwards; An electronic document must be submitted upon request.
Stuttgart District Court – Insolvency Court – October 23, 2023