Consumer insolvency and residual debt discharge; application

Insolvency law provides for separate consumer insolvency proceedings for persons who are not engaged in self-employed economic activity, which under certain conditions can lead to a discharge of residual debt after three or five years.

Description

Forms

  • Form, Bavaria-wide: Antragsformular für das Verbraucherinsolvenzverfahren und das Restschuldbefreiungsverfahren
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

  • Naturally, no court fees are charged for out-of-court debt settlement. The debt counseling offices of the non-statutory welfare organizations, local authorities and administrative districts generally offer their assistance free of charge. If a member of the legal profession is called upon, fees will be charged. Under certain circumstances, these can be paid for by means of counseling assistance under the Counseling Assistance Act (Beratungshilfegesetz), which is granted by the local courts.

    The court proceedings on the debt settlement plan are subject to a fee. The amount of the court fees depends on the debtor's assets to be distributed. In addition, the debtor must bear the court expenses for the necessary notifications to the creditors.

    The costs of the insolvency proceedings are mainly made up of the procedural fee and the publication costs incurred as well as the remuneration and expenses of the insolvency administrator. Insofar as the debtor's assets are not expected to be sufficient to cover the costs of the proceedings and discharge of residual debt is not obviously to be refused, the Insolvency Code provides for the possibility of deferral. If this is granted, the debtor may additionally be assigned a lawyer of his choice who is prepared to represent him if this appears necessary despite the care incumbent on the court. The deferral and the assignment of a lawyer can only be granted if the debtor applies for it to the insolvency court. The effect of the deferral is that the state treasury may claim the costs against the debtor only in accordance with the provisions laid down by the court, as a rule only after the granting of discharge of residual debt.

Status:18.07.2023

Responsible for editing:Bayerisches Staatsministerium der Justiz

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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