Hamburg District Court

Apply for insolvency proceedings

Prerequisites

• Your residence (as a private individual) or your registered office (as a company) is in Hamburg.
• You are insolvent or over-indebted.
  • You can no longer service current bills or liabilities.
  • Your assets no longer cover your debts.
• As a private individual, you attempted to reach an out-of-court settlement with your creditors before the consumer insolvency proceedings. This attempt failed.
• As a private individual, you no longer carry out any independent economic activity and do not have any debts from a previous self-employment that are linked to more than 20 creditors.
• You are a company, self-employed or a legal entity such as a GmbH or AG and continue to carry out an economic activity.
• You are an heir and liable for the debts of a deceased person. (Probate insolvency proceedings)
• You are a creditor of a deceased person. (Probate insolvency proceedings)
• You can prove that the debtor is insolvent if you, as a creditor, wish to file for insolvency proceedings (third-party application). You can provide concrete evidence of your own claim against the debtor (for example, through invoices, contracts, or court judgments).
• As a creditor, you are initially able to cover the costs of the proceedings yourself.

Documents required

If you are applying for insolvency proceedings as a private individual, you will need:

• List of debts: A list of all creditors and their respective claims (e.g., invoices, reminders).
• Proof of failed settlement attempt: A certificate from a debt counseling agency or a lawyer stating that an out-of-court settlement with creditors was unsuccessful.
• Proof of income: pay slips, pension statements or other proof of your income for the last few months.
• Asset overview: Information about your assets, such as account balances, savings accounts, valuables or real estate.
• Budget: An overview of your monthly income and expenses.
• Bank statements: Bank statements from the last few months to prove your financial situation.

If you run a business or are self-employed, you need:

• Statement of debts: List of creditors with claims, due dates and supporting documents (e.g. invoices or contracts).
• Balance sheets and annual financial statements: Current balance sheets, annual financial statements and profit and loss statements from recent years.
• Asset inventory: Information about your business and personal assets, such as machinery, vehicles, real estate, or accounts.
• Evidence of insolvency or over-indebtedness: for example, reminders, unsuccessful foreclosure proceedings or account freezes.
• Sales and tax documents: tax assessments, advance VAT returns and tax returns from previous years.
• Employee details: A list of employees with salary claims or outstanding payments.

If you, as an heir, apply for estate insolvency proceedings, you will need:

• Proof of inheritance status: for example, a will, inheritance contract or certificate of inheritance.
• Estate Asset Summary: A list of the deceased person's assets, such as accounts, real estate, jewelry, or vehicles.
• Debt statement of the estate: Overview of the deceased person's debts, such as bills, loans, or reminders.
• Proof of the estate's over-indebtedness: A comparison of the estate's assets and liabilities.

A debt counselor, a lawyer, or the bankruptcy court can help you submit the documents correctly.

Please note

If you complete insolvency proceedings as a private individual, you can, under certain conditions, receive a discharge from your remaining debts. To do so, you must apply for a discharge of residual debt, and the corresponding procedure will be initiated.

If you run a business, insolvency proceedings also offer the opportunity to preserve and continue the company through an insolvency plan. This plan can include special arrangements that deviate from the usual winding-up procedure.

Restructuring is also possible without going through court-ordered insolvency proceedings. With the help of a restructuring plan, you can reorganize your finances to stabilize the company. You can take advantage of court-ordered assistance, such as a preliminary review of a plan or the support of a designated person who will oversee the restructuring process.

The District Court does not provide legal advice. For legal advice, please contact a law firm or notary's office.

The Public Legal Information Service (ÖRA) offers affordable legal advice for people with low incomes.

Deadlines

Different deadlines apply depending on the type of insolvency proceedings.

Procedure

• You apply for the opening of insolvency proceedings with the necessary documents to the competent authority.
• The responsible agency will review your application and documents. If necessary, they will request additional documents or information from you.
• The competent authority examines whether the future insolvency estate can finance the costs of the insolvency proceedings.
• The responsible authority will examine the requirements and decide on your application.
• The competent authority opens insolvency proceedings.
• The competent authority appoints an insolvency administrator who takes over the management of the assets and represents the interests of the creditors.
• The debtor’s assets become the so-called insolvency estate from which the creditors are paid.
• The insolvency administrator ensures that all of the debtor's assets are accounted for. Possible steps:
  • Blocking of bank accounts
  • Identification and securing of assets
  • Review of asset transfers prior to proceedings (e.g., recovery of inadmissible gifts).
• All creditors will be informed and can file their claims with the insolvency administrator.
• The creditors' meeting decides on the further course of the proceedings, for example on the realization of assets or the preservation of a company.
• The insolvency administrator sells the debtor's assets to raise money for the creditors.
• In the case of companies, restructuring or continuation of operations can be examined, for example through an insolvency plan.
• After the insolvency estate has been liquidated, the proceeds are distributed to the creditors according to a fixed order of priority.
  • Priority claims (e.g. legal costs) are served first.
• As soon as the insolvency estate has been distributed, the proceedings will be terminated.
• In the case of consumer insolvency, you can apply for discharge of residual debt if this is provided for. After the discharge of residual debt procedure is completed, the remaining debts are forgiven.
• In the case of corporate insolvencies, the insolvency administrator prepares a final report and applies for the deletion of the company if it is not continued.
  • During the proceedings, an insolvency plan may be presented that provides for an alternative solution such as the restructuring of a company.
  • This plan must be approved by creditors and the court.

The exact procedure may vary depending on the individual situation and the decisions of the court or the parties involved. Professional advice can facilitate the process.

Processing time

The processing time depends on the individual case.

Fees

Insolvency proceedings are subject to costs.


Court fees are charged. The amount depends on the value of the insolvency estate in each individual case.




Under certain conditions, you can apply for a deferral of the procedural costs.

Legal remedies

immediate complaint

Legal basis

Section 13 paragraph 1 of the Insolvency Code (InsO)


https://www.gesetze-im-internet.de/inso/__13.html