December 29, 2018 Joseph Evans 0Comment

If the court opens insolvency proceedings, it asks the insolvency creditors in the opening decision to submit their claims to the insolvency administrator within a certain period of time to the bankruptcy table . This should be at least two weeks and a maximum of three months . Bankruptcy creditors are those who had a justified claim against the debtor before the insolvency proceedings were opened.

Even the creditors of the insolvency proceedings has requested his debtor must register in this way its demand. Otherwise, its claim will not be taken into account in the insolvency proceedings. If a creditor does not register his claims himself but instructs a third party to do so, a corresponding authorization must be submitted.

Important : In no case send your claim to the court , but only to the responsible bailiff . Also note that the bankruptcy court does not provide legal advice on individual cases. Legal advice on insolvency law can be obtained from a lawyer or a notary public.

Form and content of the claim in insolvency proceedings

How this application has to be made is precisely regulated in the law: The exact requirements for a claim registration are governed by § 174 Inso (Insolvency Code).

Registration must be in writing in German . The insolvency court will usually send you a form with the opening decision or you will receive a corresponding form from the insolvency administrator for your claim in the insolvency proceedings .

This claim in insolvency proceedings must contain the following information :

    • complete name of the creditor with first and last name
      In the case of legal entities, the legal representative must also be included, for example, the managing director, managing director or shareholder.
    • Amount due in Euro
      All amounts must be expressed in euros, with the main requirement being that interest and costs be separated. Also, the total amount is to be named individually.
    • interest
      For the interest, the interest rate, the period and the capital are to be calculated up to the day before the opening of the insolvency proceedings. Interest accrued from the day of the bankruptcy is considered a subordinated claim.

An incorrect filing of the claim in insolvency proceedings may result in the insolvency administrator not recognizing them.

  • Legal ground of the claim
    An essential content of the claim in insolvency proceedings is the reason for the claim. The insolvency creditor must specify at this point exactly what his claim is based. This can z. B. a contract of sale, a loan or a claim for damages.
  • Supporting documents and supporting documents
    In order to prove a claim, usually corresponding invoices or contracts are sufficient. Creditors wishing to produce an enforceable title as a document of proof must submit the original.
    Without the appropriate supporting documents, the declared claim can not be established. Instead, she is denied by the insolvency administrator.
  • Facts in claims based on an intentional unauthorized act
    For example, creditors who assert a claim for damages for negligent or intentional personal injury must state in the claim in insolvency proceedings all facts from which the claim arises in the opinion of the creditor.

Subsequent claim registration in the insolvency proceedings

A claim for insolvency may also be possible even if the time limit set by the court has expired . For such a subsequent registration of a bankruptcy claim , a special fee-based examination date is set. The costs are borne by the defaulting creditor. However, this possibility only exists until the closing date . After that, claims can no longer be registered.