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Expert Opinion - Nazi Looted Art

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7<br />

The 19 th Annual Report comments on the dire effects of the Great Depression. The<br />

substantial volume of bad debts caused considerable losses for the company, their<br />

first loss in its 50-year history. Nevertheless the indebtedness to banks was reduced<br />

by about RM 600,000 to about RM 2,200,000. Liabilities to third parties were lowered<br />

by about RM 800,000 to RM 1,300,000. The Annual Report issued on May 14, 1932<br />

then notes the sad loss of the company’s long-term member of its Board of Directors,<br />

Alfred Hess. He died suddenly on December 24, 1931. Total assets still came to RM<br />

8,713,751,60.<br />

Evidence: 19 th Annual Report published on May 14, 1932 for the period from<br />

October 1, 1930 to September 30, 1931.<br />

The subsequent 20th Annual Report for the fiscal period of October 1, 1931 to<br />

September 30, 1932 is not available.<br />

Proceedings for temporary relief from creditors were initiated on April 13, 1933 as a<br />

consequence of further deterioration of business conditions due to the worldwide<br />

economic crisis.<br />

Evidence: File No. 16 N.38/33 of the Municipal Court in Erfurt.<br />

In the minutes of the March 29, 1933 meeting of the Board of Directors it is recorded<br />

that the 09/30/1932 balance sheet shows a loss of RM 413,744.12 and that<br />

corporate assets amount to only RM 836,255.88<br />

Evidence: Attachment 2 to the notarized minutes of the Board of Directors<br />

meeting on September 30, 1932 issued on March 29, 1933.<br />

The creditor protection proceeding initiated on April 13, 1933 was terminated as a<br />

result of the ruling by the Erfurt Municipal Court on May 19, 1933, (thus only one<br />

month after the filing).<br />

Evidence: Ruling of the Erfurt Municipal Court of May 19, 1993.<br />

M. u. L. Hess Schuhfabrik continued under a different name, Grundstuecksgesellschaft<br />

Moltkestrasse AG, a stock corporation engaged in real estate property.<br />

It ceased its operations as a shoe factory on October 1, 1933. Grundstuecksaktiengesellschaft<br />

Moltkestrasse AG was liquidated in 1939 and deleted from the<br />

Commercial Register.<br />

Evidence: Earlier commercial register documents of M. u. L. Hess Schuhfabrik;<br />

findings in the German Federal Administrative Court decision dated<br />

April 28, 2004 - 8C 12.03 in ZOV 2004, 192 - and decision of the<br />

Gera Administrative Court of August 8, 2002 – 5 K 1136/97 GE, not<br />

published.

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