Insolvenz, Verfahrenskostenstundung beantragen

• §§ 4 a ff. Insolvenzordnung (InsO) – Stundung der Kosten des Insolvenzverfahrens
• § 63 Abs. 2 InsO – Vergütung des Insolvenzverwalters
• § 115 Abs. 1 und 2 sowie § 120 Abs. 2 Zivilprozessordnung (ZPO)

Application for deferral of the costs of insolvency proceedings in accordance with Sections 4a et seq. of the Insolvency Code (InsO)

To ensure that even debtors without means are financially able to go through insolvency proceedings (prerequisite for obtaining a discharge of residual debt), the court can defer the costs of the proceedings at the request of the person concerned.

If the insolvency estate is insufficient, court costs will not be charged until residual debt discharge is granted

• Court costs are not charged and
• Insolvency administration costs are borne by the state treasury.

• Deferral request

• the debtor is a natural person
• the debtor has filed for insolvency
• an application for discharge of residual debt has been filed
• there are no legal grounds to prevent the discharge of residual debt
• the debtor's assets are not likely to be sufficient to cover the costs of the insolvency proceedings

none

If you have any questions regarding the application and insolvency proceedings in general, please contact the judicial officer at the competent insolvency court.

• You apply for a deferral of the costs of the proceedings in connection with the application for discharge of residual debt.
• You can obtain paper forms for the application from the court or from the collection of forms (see under the heading "Further information").
• Submit the completed and signed form to the competent court.
• The court will examine the application and inform you of the decision in writing.

Note: The deferral is granted separately for each stage of the proceedings and must be applied for separately.

Repayment

Repayment of the deferred amounts begins after the insolvency proceedings, when residual debt discharge is granted.

• If you are unable to pay the outstanding amount in full or in part, an extension is possible upon your renewed application.
• The court can set monthly instalments for repayment. A maximum of 48 monthly instalments must be paid.

Note: The court will adjust the deferral to your personal and financial circumstances - please report any changes immediately and without being asked.

Legal fees can also be included in the deferral if the court deems such representation necessary. In the case of simple proceedings, this is often not necessary due to the court's duty of care.