1992 had started well in Krefeld: Joachim Niering had noticed that there was a need for porcelain repairs, but hardly any companies that offered this service, let alone an appropriate training. The qualified pedagogue therefore provided founders with the commercial and technical know-how to repair porcelain, thus enabling them to set up their own business - as a franchisor. He brought the technical understanding from his time as a game device developer, the necessary capital came from his private assets.
Today, the fifty-two-year-old says that was probably his first mistake. "I was warned that 500.000 Mark was too little capital. But I thought my idea was so good that I laughed at it. "Now he knows:" Even the best ideas need a lead time, for example, until the brand is established - and that costs a lot of money! "
Trust is good, control is better
His company also flourished for a few years: Niering gave his knowledge, the franchisees their license fees monthly. Then what happened to franchise systems without a strong brand often happened: the licensees made themselves independent. "They just lacked that Sense for the network concept, ”says Niering and admits himself today self-critical:“ Trust is good, control is better! ”
They were followed by judicial battles, and suddenly the fee was lost. Niering filed an insolvency petition for the first time and reorganized the company with the help of an insolvency plan. This was expensive and meant to save money, continue the company, and also take in personal loans and bring them into the company.
First rescue, then sinking
After four years of drought, the rescue plan was fulfilled - this was 200The entrepreneur believed that he could rebuild the successful franchise system and failed again: "I was convulsively sticking to an idea that once worked instead of daring to do something new, and only the Error repeated, "says Niering self-critical. The company went bankrupt, the businessman got sick.
But Niering seems almost relieved at the end: "At some point you have to realistically admit that you can not do it anymore." Even self-pampering has no sense for him: The cardinal mistake that many desperately seek in this situation, there is for Niering not, but different causes. However, he considers it indispensable to seek an external consultant as an entrepreneur: "For example, I would have needed someone to point out my shortcomings in personnel management in good time. You do not always see that yourself. "
In the end, private insolvency
Because of the liabilities still from the renovation, the ex-entrepreneur finally had to file for private bankruptcy: He had nothing left, lived temporarily in a dorm. But Niering did not give up. "It has to be made clear that bankruptcy is an economic but not a human collapse and can not affect life as a whole. It is important to start again, "he says - and has made it: Niering passes on his experience as a consultant for companies and private individuals:" All clients I care for today are still successful in the market or lead a normal life, "he says proud.
Why insolvency is not the end
Hildegard Allemand, certified attorney for insolvency law in Cologne, confirms that insolvency can not be the end, but a new beginning: "Execution measures of the creditors are then no longer possible and under certain circumstances an operation can be continued unencumbered by the old liabilities." However there are enough left over to open the insolvency proceedings to cover at least the costs of the proceedings.
In the case of sole proprietors, the procedure can also be opened by deferring the costs of the proceedings. The insolvency proceedings are followed by the debt recovery proceedings, which bring about the debt relief. "That's a relief," explains the lawyer, "because the reminders and phone calls from the creditors, the collection agencies, and the bailiff's visits are finally ending. However, those affected have to pay their attachable income for six years. There is a duty to work and to provide information. After six years, the remainder of the exemption is granted by court order.
GmbH managing director in duty
In the case of insolvency or over-indebtedness, a GmbH must file for insolvency. For GmbH managing directors this often means the own indebtedness, if they have personally vouched for the liabilities of the GmbH. "Knowing these consequences then try some to save the company at any cost, but delay the insolvency of the GmbH, which is punishable by law," reports Allemand from her consulting life. A residual debt exemption procedure does not exist for the GmbH, the indebted managing director can choose however the way of the private insolvency with remaining debt exemption.
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