Öffentliche Bekanntmachung bestimmter Zwischenschritte des Insolvenzverfahrens

Through the public announcement of certain intermediate steps of the insolvency proceedings, the groups of persons concerned are informed and the formal proof of service takes effect.

The public announcement of certain intermediate steps of the insolvency proceedings has two main objectives:

• On the one hand, all persons whose interests are affected by the opening and progress of insolvency proceedings should be informed.
• Secondly, public notice is sufficient to prove service on the parties.

No documentation is required.

Among other things, the following are to be made public:

• Opening, termination or cancellation of insolvency proceedings
• Order or cancellation of self-administration
• Time, place and agenda of the creditors' meeting (convening)
• Appointment of a provisional insolvency administrator
• Imposition or removal of certain restrictions on disposal
• Indication of mass insufficiency
• Refusal of discharge of residual debt

No. 9004 of the list of costs to the Court Costs Act is decisive.

Accordingly, expenses for public announcements are not charged for publication in an electronic information and communication system if the fee is not calculated for the individual case or not for a single procedure (para. 1 sentence 1).

In the event of the opening of proceedings, the costs of publication and announcements shall be borne by the insolvency estate, otherwise by the person to whom the costs are ordered by court order.

The insolvency courts publish on the cross-border Justice Portal of the Federation and the Länder.

According to § 9 paragraph 1 sentence 3 InsO, the public announcement becomes effective upon expiry of two further days after the date of publication on the Internet (fiction of service).

The publication takes place close to the event to be published.

According to § 3 of the Regulation on Public Announcements in Insolvency Proceedings on the Internet of 12 February 2002 (Federal Law Gazette I p. 677) in the version applicable from 30.06.2021 (Federal Law Gazette I p. 509), the publications on proceedings are deleted no later than six months after the cancellation or the legal force of the termination of the insolvency proceedings. If the proceedings are not initiated, the period shall begin to run from the lifting of the published precautionary measures. The publications of decisions in the residual debt discharge procedure shall be deleted no later than six months after the final granting or refusal of the discharge of residual debt. Other publications will be deleted one month after the first day of publication.

not applicable

The insolvency court dealing with the insolvency proceedings initiates the publication.

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.