Insolvenzverfahren Durchführung Verbraucherinsolvenz

Insolvency Code (InsO) §§ 304 ff
https://www.gesetze-im-internet.de/inso/__304.html
Court Fees Act (GKG) § 58
https://www.gesetze-im-internet.de/gkg_2004/__58.html
Insolvency Code (InsO) § 65
https://www.gesetze-im-internet.de/inso/__65.html
Insolvency Remuneration Ordinance (InsVV)
https://www.gesetze-im-internet.de/insvv/
Judicial Remuneration and Compensation Act (JVEG)
https://www.gesetze-im-internet.de/jveg/

If you are permanently insolvent or likely to become so, you can apply for consumer insolvency proceedings under certain conditions.

Consumer insolvency proceedings can help you if you can no longer pay your debts. Your exempt assets will be used to pay off the debts as best as possible. At the same time, you can apply for a discharge of residual debt to be debt-free at the end of the proceedings.
You can apply for this procedure if you

• are not currently self-employed or
• were previously self-employed,
  • But your debts are manageable (less than 20 creditors) and
  • there are no outstanding claims arising from employment relationships.

• Completely and correctly completed and signed application form for the procedure, including the required attachments such as the list of assets, the overview of assets and the list of creditors
• if applicable: application for discharge of residual debt with the necessary declaration of assignment
• if applicable: application for deferral of procedural costs
• other declarations to check whether and when you have already been granted or denied discharge of residual debt (these declarations are already included in the forms).
• Certificate of failure of an out-of-court settlement attempt by an authorized body, for example:
  • Lawyer or notary public or
  • Debt counseling

• As a private individual, you do not pursue any independent, commercial activity. You are not self-employed or operating as an entrepreneur.
• You can no longer pay your bills or debts or will not be able to do so in the near future.
• You have already made serious attempts to reach an out-of-court agreement with your creditors regarding debt settlement.
  • If you're trying to reach an agreement with your creditors, make a proposal for how you can repay your debts in installments or on fixed dates. You should also disclose your financial situation. Your creditors need to know whether your proposal is realistic and fits your financial situation. Get support, for example, from a debt counselor or a lawyer.
• This attempt at an out-of-court settlement failed.
• The costs of the proceedings can be covered from your assets or are secured by a possible later payment (deferment of procedural costs).

Fees and costs are incurred, for example, for expenses or the insolvency administrator's remuneration. The amount of the fees depends on the insolvency estate. Deferred costs are initially borne by the state treasury.

• You download the application forms.
• You fill out the forms. You can get support from a lawyer or debt counselor.
• You submit the application with all required documents.
• The responsible office will review your documents. If necessary, they may request additional documents or information from you. Please submit these within the specified deadline.
• The competent insolvency court decides whether judicial debt settlement proceedings should be carried out.
• If no judicial debt settlement procedure is carried out or if it has failed, insolvency proceedings are opened.
• The insolvency court appoints an insolvency administrator to manage the proceedings.
• Your (exempt) assets will be liquidated.
• The insolvency proceedings are terminated.
• If you have applied for discharge of residual debt, the period of good conduct begins.
• During this time you must fulfill certain obligations, such as performing appropriate work.
• The competent authority shall appoint a trustee for the period of good conduct.

The processing time depends on the individual case. Processing can take several months.

Apply for insolvency proceedings no later than 6 months after the out-of-court debt settlement has failed.

Submit any missing documents or information when requested. Otherwise, your application will be considered withdrawn.

If you have applied for discharge of residual debt, the period of good conduct ends after three years. If you reapply for discharge, it usually ends after five years.

The District Court does not provide legal advice. Please contact authorized attorneys or notaries.
The Public Legal Information Service (ÖRA) offers affordable legal advice for people with low incomes.

Immediate appeal

• serves to relieve natural persons (people) of their debts
• Debts will be settled as far as possible during the proceedings
  • (exempt from seizure) assets are sold
  • Proceeds distributed equally among creditors
• Possibility to simultaneously apply for discharge of residual debt and (if all requirements are met) to be released from the remaining debts by court order.
• Possible for all natural persons,
  • who do not (currently) carry out or have not (in the past) carried out any independent economic activity,
  • who have carried out independent economic activity in the past, but whose financial circumstances are manageable (fewer than 20 creditors) and
  • against whom there are no claims arising from employment relationships (claims from the tax authorities for wage tax and claims from social insurance providers for contributions from your former employees).

Hamburg District Court