Football Hessenligist FC Hanau 93 is once again in financial trouble. On Thursday, November 5, 2020, the preliminary insolvency proceedings against the association went public via notification from the Hanau District Court.
Hanau – Frankfurt lawyer Dr. Jan Markus Plathner definitely. The bankruptcy announcement has (for the moment) no sporting effect. Due to the Crown crisis, the Hessian Football Association adopted a binding DFB regulation in the spring of this year to change the rules of the game, under which insolvency proceedings that were opened or terminated due to lack of resources would not will have sporting consequences for the club concerned until 30 June 2021.
Preliminary insolvency procedure: The Hessian football association is completely surprised
Hanau Vice President HFV Torsten Becker reacted completely surprised. “FC Hanau 93 are a club in our top division and in terms of fruitful cooperation, the association would have liked to have been informed by the club about this latest development.”
If insolvency proceedings against the club were to be opened after 1 July 2021, the HFC would be the first team relegated in the new Hessenliga season. Incidentally, this regulation existed even before the Crown period. Means: the club would have been the first relegation of the current season at the opening of the bankruptcy procedure. “As it stands, the club would have been lucky,” says Becker.
Hanau 93: The lawyer now manages the assets of the association
The news that preliminary insolvency proceedings have been opened against the assets of FC Hanau 93 has worried and alarmed many around Hesse’s oldest football club. In the Hanau football district, the news spread like wildfire on social media. Speculations that maintaining Hessenliga’s allegedly expensive gambling operations could be in jeopardy quickly made the rounds.
The fact is: financially, the hands of Hesse’s oldest football club are tied these days. The administration of the association’s assets is temporarily in the hands of the lawyer Plathner. All club teams are affected by court-ordered security measures.
In the past, Plathner worked as a restructuring expert in the insolvency proceedings of Darmstadt 98 and the clubs SpVgg Bayreuth, 1. FC Eschborn, SV Bernbach and SV Niederursel.
Attorney’s appeal: everyone should pull together
“Now we need to get an idea of the location and examine possible refurbishment options for the association. It is important that all those involved in the association now join together ”, explains the interim administrator at the request of this newspaper.
According to Plathner, the first votes on the possibility of guaranteeing the salaries of players through the compensation for loss of insolvency have already begun. “As the insolvency claim is based on a so-called third-party claim from a health insurance company, I have not yet been able to coordinate with the people involved on individual matters. It will be important now. “It is also important that the club is ready to go in case the matches are resumed.
Hanau 93 is pending
At the board of the association, Dr. Jan Markus Plathner sends the following signal: “For the process to proceed, it is important that the advice in particular works constructively and is open to solutions. My team and I want to help ”. A chance to reorganize the association is also offered by the so-called insolvency plan procedure, adds Plathner.
From a formal point of view, the Hessenligist is in limbo. The period between the receipt of the insolvency application and the opening of the insolvency proceedings or the rejection of the application by a court order is called preliminary insolvency proceedings.
Preliminary insolvency proceedings: Hanau comments 93
In a press release, FC Hanau 93 put it this way: “With our partner, the health insurance company Knappschaft, our first team players are legally insured. Here, arrears of premiums had accumulated which could not be offset in the short term. Then the miners filed the above bankruptcy petition due to this open question. Hanau 93 is now in talks with the bankruptcy administrator with the aim of clarifying the matter as quickly as possible, settling the outstanding credit of the miners’ union and thus eliminating the bankruptcy petition. “
The managers of Hanau 93 are calm
According to club president Frank Feuerriegel, it was specifically about withholding payments from last spring, when the game was suspended due to the pandemic and as a result no payments were made to players. “Unlike other clubs, we correctly register our players with amateur contracts,” Feuerriegel points out.
There were different opinions on the amount of taxes to pay. “I assume that the file will be closed in two weeks,” Feuerriegel assumes that no insolvency proceedings should be opened against his association. An agreement with the tax office regarding accrued expenses should also be within reach. But when the annual general meeting, which has been over for several months or even years, can be held it is still in the stars. Such a meeting is currently not a problem, if only because of officially imposed contact restrictions. (Frank Schneider)