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declaration creates an “administrative insolvency.” Any new claims arising againstthe insolvency estate after the administrative insolvency is declared are given“superpriority” status.. The “old” preferential creditors, whose claims arose after theinsolvency proceeding was opened, but before the administrative insolvency wasdeclaired, can receive payment on a pro rata basis only after the “superpriority”preferential claims are paid in full. Holders of unsecured claims will not be paid atall. In the event of an administrative insolvency, the administrator may be personallyliable to the “old” preferential creditors. The Insolvency Court will terminate theinsolvency proceeding if the assets of the estate become insufficient to cover itscost. 42 b. Francei. Debts generated after the opening of theinsolvency proceedingsThe repayment of loans made to the company after the opening of the redressementjudiciaire, as well as of debts relating to agreed deferred payment of sums due inrelation to contracts continued during the insolvency proceeding, are given priorityagainst other debts created before the opening of the redressement judiciaire(except for salaries and Court expenses incurred during the proceeding).42 Insolvenzordnung [InsO] [Insolvency Statute], Oct. 5, 1994 [Bundesgesetzblatt] (BGBl.] 2866, aslast amended by Art. 6 G of the Act of August 31, 2013 [BGBl.], 3533, § 207.29

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