Kernrechtsfrage
Whether insolvency exists under LARPA when recovery of advance payments is impossible only in part.
Extrahierter Entscheid
Yes. Insolvency is established as soon as payment or recovery proves impossible, even partially.
Extrahierte Begründung
The court accepted that reducing advances is functionally equivalent to stopping payment of amounts that are not likely to be recoverable in the long term, which is consistent with the statute's purpose.