Conduct of insolvency proceedings Unfortunately this specification of service has not yet been completely translated.

The application for the opening of insolvency proceedings in relation to the assets of a debtor may be submitted by the debtor.

(so-called self-application) or by a creditor (so-called external application).

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

(so-called self-application) or by a creditor (so-called external application).

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

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

Insolvency proceedings may include:

  • as so-called consumer insolvency proceedings (more information under "Conducting consumer insolvency proceedings"),
  • as standard insolvency proceedings [more information under "Implementation of standard insolvency proceedings against a (former) company"] or
  • as probate insolvency proceedings (more information under "Conducting succession proceedings")

be guided.

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 different provision in an insolvency plan, in particular for the preservation of the company (read: "Insolvency plan as a restructuring instrument").

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

Read more

  • Consumer insolvency proceedings
  • Corporate insolvency proceedings
  • Insolvency proceedings

Preconditions

The conditions vary depending on the type of insolvency proceedings.

Read more

  • Consumer insolvency proceedings
  • Corporate insolvency proceedings
  • Insolvency proceedings
  • Here you will find the forms of the Lower Saxony Justice Portal

Related Links

  • § 13 paragraph 1 Insolvency Code (InsO)

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

If all requirements are met, the insolvency court opens insolvency proceedings after completion of its audits.

Responsible for the content
No information available

Last update or date of publication
01.11.2021