Durchführung eines Insolvenzverfahrens

An application for the opening of insolvency proceedings against the assets of a debtor may be submitted by the debtor.

are made themselves (so-called self-application) or by a creditor (so-called third-party application).

An application for the opening of insolvency proceedings against the assets of a debtor may be filed by the debtor.

are made themselves (so-called self-application) or by a creditor (so-called third-party application).

If an insolvency application is received by an insolvency court, the insolvency court examines in a so-called insolvency opening procedure whether this application is admissible and justified. Furthermore, it is examined whether the future insolvency estate is likely to be able to finance the costs of the insolvency proceedings.

If all conditions are met, the insolvency court opens insolvency proceedings after completion of its examinations (more information can be found under "Opening insolvency proceedings").

Insolvency proceedings can, inter alia,

• as so-called consumer insolvency proceedings (more information under "Implementation of consumer insolvency proceedings"),
• as standard insolvency proceedings [more information under "Conducting standard insolvency proceedings over a (former) company"] or
• as estate insolvency proceedings (more information under "Conducting an estate insolvency procedure")

be conducted.

Particularly important for natural persons is the residual debt discharge procedure, with the help of which insolvent persons can obtain exemption from their liabilities not repaid in the insolvency proceedings (read: "Procedure of the residual debt discharge procedure").

The Insolvency Code also offers the possibility of making a deviating provision in an insolvency plan, in particular for the preservation of the company (read: "Insolvency plan as a restructuring instrument").

The required documents vary depending on the type of insolvency proceedings.

See also

• Consumer insolvency proceedings
• Business insolvency proceedings
• Succession insolvency proceedings

The conditions vary according to the type of insolvency proceedings.

See also

• Consumer insolvency proceedings
• Business insolvency proceedings
• Succession insolvency proceedings

Further information can be found in the respective description of the type of insolvency proceedings.

• Consumer insolvency proceedings
• Business insolvency proceedings
• Succession insolvency proceedings

If an insolvency application is received by an insolvency court, the insolvency court examines in a so-called insolvency opening procedure whether this application is admissible and justified. Furthermore, it is examined whether the future insolvency estate is likely to be able to finance the costs of the insolvency proceedings.

If all conditions are met, the insolvency court opens insolvency proceedings after completion of its examinations.

Depending on the type of insolvency proceedings, different deadlines apply

• Consumer insolvency proceedings
• Business insolvency proceedings
• Insolvency proceedings for succession

The decisions of the insolvency court are subject to appeal only in cases where the Insolvency Code provides for an immediate appeal.

The insolvency court in whose district the debtor has his general place of jurisdiction has exclusive territorial jurisdiction.

If the centre of an independent economic activity of the debtor is located elsewhere, the insolvency court in whose district that place is situated shall have exclusive jurisdiction.

The competent court can be found here.