Nachtragsverteilung

§§ Sections 203 et seq. Insolvency Code (InsO)

As soon as the liquidation has been completed, the insolvency administrator generally distributes the remaining insolvency assets to the creditors at the end of the insolvency proceedings after deducting the costs, among other things (so-called final distribution).

In exceptional cases, however, it is conceivable that there may be proceedings in which the liquidation has been largely completed, but individual (possibly very time-consuming) liquidation measures are still outstanding. In these special procedural constellations, the insolvency estate can (if certain conditions are met) be partially distributed to the creditors and a supplementary distribution can be ordered for the remaining insolvency estate.

The supplementary distribution relates to the proceeds from the insolvency estate which, for various reasons, only arose or could only be realized after the closing date (towards the end of the insolvency proceedings). The following reasons are conceivable, among others:

• retained amounts become available for distribution
• Amounts that initially had to be paid from the insolvency estate flow back into the insolvency estate
• further items of the estate are identified.

If the requirements for a supplementary distribution are met, the insolvency court can order the supplementary distribution ex officio. In addition, both the insolvency administrator and the creditors have the right to apply for a supplementary distribution (read more about this under Applying to the insolvency court for a supplementary distribution order).

Supplementary distribution may be ordered ex officio or on application if,

• the final meeting in the insolvency proceedings has already been held
• registered and established creditor claims have not yet been settled in full,
• (existing) assets attributable to the insolvency estate have not yet been distributed to the creditors.
• a positive cost-benefit ratio would have to be determined by the insolvency court as part of its consideration,
• a corresponding supplementary distribution has not yet been ordered (ex officio or on the basis of another application),
• the applicant is an insolvency creditor.

• Subsequent distribution of insolvency assets
• Application is made by the insolvency administrator or insolvency creditor; alternatively, the insolvency court can also order this ex officio (i.e. on its own initiative)