German solid house insolvent?

Kampa AG

DGAP-Adhoc: Kampa AG (German)

Readers of the article: 169

Kampa AG: KAMPA AG stops payments; insolvency application in preparation

Kampa AG / insolvency

03/11/2009

Publication of an ad-hoc announcement according to § 15 WpHG, transmitted by DGAP - a company of EquityStory AG.

The issuer is responsible for the content of the announcement.
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Minden, March 11, 2009. KAMPA AG and its subsidiaries are insolvent and have stopped their payments. The management board will immediately file for insolvency for KAMPA AG and its subsidiaries. Whether individual group companies can be exempted from this is currently still being examined.

I fear that in the coming months, one or two more companies will follow!!

So, be sure to pay attention to the payment plans... Only pay for what has actually been built!

I’m keeping my fingers crossed for all of us

Kampa AG Insolvent?

DGAP-Adhoc: Kampa AG (German)

Readers of this article: 169

Kampa AG: KAMPA AG stops payments; insolvency application in preparation

Kampa AG / Insolvency

11.03.2009

Publication of an ad-hoc announcement according to § 15 WpHG, transmitted by DGAP – a company of EquityStory AG.

The issuer is responsible for the content of the announcement.
---------------------------------------------------------------------------

Minden, March 11, 2009. KAMPA AG and its subsidiaries are insolvent and have stopped their payments. The executive board will immediately file for insolvency for KAMPA AG and its subsidiaries. Whether individual group companies can be excluded from this is still being examined.

Due to current events, once again!
Dear affected parties!

Due to the current developments and because not all visitors read the previous texts here, I post my text again for victims of various construction companies and developers.

Before the text follows right away, I would like to address the wrongly disseminated possibility of terminating contracts due to insolvency.

The >>>> APPLICATION <<<< for insolvency is >>>> NOT <<<< a basis for extraordinary contract termination!
First, the court must confirm the insolvency by resolution (either the opening of insolvency proceedings or dismissal due to lack of funds).

Only when insolvency is then confirmed by the court could one, "theoretically," justify extraordinary termination due to proven incapacity to fulfill the contractual owed performance.
If it were not for the contract with many hidden clauses!

The liquidator, or insolvency administrator appointed upon insolvency opening, cannot justify a supposed continuation of contracts by claiming that they would try to still perform the contractual service.
Any proposal on their part to release you from the contract against a payable residual amount is just an attempt to obtain more money.
Also, their demand to pay installments for services rendered is a ruse since you have a right of retention based on claims for damages against the company with which you have the contract.

All money you pay in these contexts is definitely lost and can only be very difficult to recover (most people give up on such matters because of the costs involved).

Now, once again, the other text:


General information for all affected
Hello dear homeowners!

I cannot help but notice, having read this forum thoroughly, that basically many companies are doing the same as back when Domizil Conzept GmbH went under.
In particular, all site managers, salespeople, and company employees start to lure the homeowners, whom they have put into distress, into new traps by pretending false facts.
Even back then, very many homeowners fell for this so-called Domizil trick and truly lost everything.

Some of you may now ask, what does he know about this?

I say, ......... quite a lot, ...... as I have advised many such affected homeowners and tried to save what could be saved (by the way, free of charge). Moreover, I have been doing this for more than 18 years now.

Now, about the Deutsche Massivhaus GmbH case, the building material dealer who was cheated out of 1.2 million. I have read this entry and can testify it as very factual and truthful. However, that does not necessarily mean that such a case also exists with other insolvent companies.

Please, dear homeowners, do not let yourselves be fooled by false prophets who claim:
> With them I build now much cheaper
> They helped me cheaply get out of the contract
> I have already helped so many ...... (for money, without success)
> We will finish building your houses
> Our interest is only in the homeowners
> We have set up a closed forum especially for the affected homeowners (Why? Is there something to hide?)
> My lawyer is the best
> We take over your contract on the same conditions
> etc.,
and trick you.
I have seen so many lose everything, families destroyed completely up to attempted suicide.

This all sounds awful and nobody deserves this, so here are some important tips, in order of priority:

1. Regardless of the contract, there is always a contractual clause from the Building Code, the so-called penalty clause on termination, please read carefully and consider before terminating improperly.

2. First and foremost, at the moment, do not pay any invoices anymore (even if they are due according to the payment schedule), because perhaps, as with DM or Kampa, the managing directors or boards are signaling distress in the company.

3. Also, do not pay any money to companies that have worked for such firms. Important, because you do not have a contractual relationship with them; their contractual relationship only exists with your contractor, so they have no claim to payment from you (do not let the craftsmen companies, in whatever way, threaten you in this context).
Unfortunately, there are some among them who cannot behave properly.

4. The law always applies, meaning you must give notice with a reasonable deadline for claims from contractual services not rendered (please by registered letter with return receipt and postal proof of delivery). The usual individual period is 10 calendar days.

5. Set follow-up deadlines, with the threat of contract termination due to non-fulfillment of the contract (always by registered mail as before).

6. If these deadlines expire without result, then go to a lawyer so that he drafts a proper and legally flawless termination of the contract. Pay attention to costs. Billing by the hour will become expensive. If possible, agree on a flat fee for the individual case. Obtain several offers.

7. Do not get caught by former site managers and companies, but look for an independent construction supervisor to carry on the work after contract termination, who really understands something and supports you with advice and assistance.
This independent person is truly the most important!
Only experienced ones can help you out of your misery. But be careful not to fall for those who want to recommend companies to you.

Ultimately, many other equally important things must be observed that are beyond the scope here.
One point is very important to me!

Do not let yourself be intimidated by letters from lawyers or insolvency administrators appointed for the insolvency!
They offer to release you from the contract for payment of an amount and claim that otherwise they can only terminate with penalty!

That is a lie!

If a company files for insolvency, it cannot deliver the contractual service owed, which generally allows extraordinary contract termination with claim for damages.

So, if such a letter ever appears, immediately consult a lawyer or contact me at The Homeowner Emergency Call, just click on it and go to Contact. I hereby publicly promise that you do not have to pay anything for this help.

This also applies when you are asked to still pay according to the payment plan. In this case, simply assert your counterclaim for damages.

In conclusion!

You will recognize that there is some valuable advice here and that this is by no means legal advice, which is why I have repeatedly referred to lawyers.
I hope, however, to have contributed to securing your construction project.

With kind regards,

False statements!

Dear Conny,
Dear AchimFFM,
Dear Roderunner,
Dear remaining readers,

For several months I have been closely observing the development of DM Gera.
I am the managing partner of a medium-sized building materials trading company, which is in the same cooperation as the building materials trading colleague from Springe. I have known Dr. Kreuzig personally for years.

We have no direct claims against DM Gera, however some of our customers (craftsmen) have claims against DM Gera. For this reason, some craftsmen are unable to meet their payment obligations to us. At this point I can tell you that we will find ways with our customers to prevent damage to both them and us.

Actually, I did not want to speak up in the countless forums.
Yet, the current statements about Mr. Bornkessel cannot be left as they are, since they are pure speculation and your contributions do not do justice to Mr. Bornkessel’s efforts.

No chain is being created in this forum > Domizil Haus to Deutsche Massivhaus. Also, at this point the respective authors should inform themselves. If there was a chain, it would have to look as follows > Arcus Konzept to Domizil Haus to Deutsche Massivhaus. But this is just by the way.
I myself established the contact between Mr. Bornkessel and my building materials trader colleague as I know both personally.

Through the insolvency of Arcus Konzept and Domizil, I am very familiar with the subsequent "suffering" of the homeowners, craftsmen and suppliers. Many homeowners and craftsmen of these companies were helpless and stayed until the last "finished" in our branches.

During this time, I personally witnessed financial ruin on the part of homeowners and craftsmen. Young families lost everything, craftsmen had to give up their business, etc......

Exactly for this reason, when the situation around DM Massivhaus GmbH worsened, I established contact between my colleagues and Mr. Bornkessel. My motivation was at no time an economic one. Through the insolvency of DM Gera I have suffered no economic damage and in the event of a contemplated "rescue" I would not have been able to gain any economic advantage.

My intention was simply, by establishing my contact, perhaps to contribute to reducing damage to homeowners and craftsmen. As said, I know the "suffering" caused by the insolvency of a property developer for homeowners and craftsmen.

Mr. Bornkessel met his responsibility as a member of the state parliament from the Gera area and really seriously tried to bring about a solution for all parties involved. The primary focus was to "protect" the homeowners and craftsmen. According to my information, these solution approaches were undermined by those responsible at DM Gera.

I simply ask you to use the forum in the future as a platform for factual exchange and not, based on speculation, to "insult" the people who are truly trying to help.

To proactively prevent future speculation about my contribution and above all about me personally: I am also a member of the CDU. However, I am not writing this contribution to put a state parliamentarian of my party in a "bad" light. This is not about politics, this is about the fears and concerns of homeowners and craftsmen.

To all homeowners and craftsmen I can only give the advice based on personal experience to discuss all further steps (such as contract termination, payments etc.) only with a lawyer.

Kind regards

R.Broenner
Hessen-Thuringia

This is not about politics

In a system that calls itself democratic, it is sometimes a hassle to recognize and decide when it is about politics and when not... there is the micro and the macro level, and then there are very different views of responsibilities.
In my understanding, the state shirks its responsibility in several areas. This is also true in matters of "House construction went wrong? Too bad for you."

Moreover, when Mr. Bornkessel only now announces that he wants to help the DM, this is already strange. He did not mention the builders, who are the least protected by law. For me, it is also no wonder, as the vast majority do not reside in Thuringia and thus do not ensure re-election. I would consider it helpful if the builders and the craftsmen / suppliers were supported. The company DM is only a secondary matter here. These 50 jobs play no role compared to the hundreds of others and the existences. But as I said, he is a member of the state parliament of Thuringia.....