Hamburg District Court

File for insolvency

Prerequisites

• The claim already existed before the insolvency proceedings were opened.
• The insolvency claim has been registered with the insolvency administrator.

Documents required

• Exact description and quantification of the claims
• Documentary evidence (e.g. judgment, writ of execution, cost assessment order, check, bill of exchange, debt certificate, contract)
• if necessary, power of attorney if you are legally represented.

Please note

Whether an objection to a claim is justified is not decided by the insolvency court. You must enforce the determination of a fully or partially disputed claim in court, for example, by filing a lawsuit in separate proceedings.

If a judgment or other debt instrument already exists for the claim, the contesting party must prove the objection by filing a lawsuit. If no debt instrument exists yet, the alleged creditor must prove the claim in court. The contesting party must therefore expect that a lawsuit will be filed against them because of the objection.

Deadlines

The registration deadline can be found in the opening decision

Procedure

• As a creditor, you will be asked by the court to register your claims with the opening order.
• You submit your claims to the insolvency administrator in writing.
• You should list all claims in detail and attach supporting documents. You can use the insolvency court's form for this list.
• You send the list and all supporting documents to the insolvency administrator.
• All claims filed on time will be examined in an oral or written hearing at the examination hearing or after a specific examination date. You will be informed of this date or deadline in the opening decision.
• The court may also consider claims received after the first examination date (subsequent filing of claims). The costs of the additional examination must be borne by the creditors concerned.
• Claims are deemed to be established if no objections are raised during the examination hearing: The insolvency administrator and the insolvency creditors have the right to dispute registered claims.
• An objection by the debtor does not preclude the determination of a claim.
• The insolvency administrator compiles a ranking of the claims, noting the amounts and, if applicable, any objections.

• Objection to registered claim:
• If the debtor has disputed or objected to the claim, nothing stands in the way of the claim. The claim remains valid.
• If the insolvency administrator or creditor has disputed the claims, you as the affected creditor must have your claim established by a court.
• If there is an enforceable title or a final judgment for the claim, the disputing party must file an objection.
• If the creditor who has doubted or disputed a claim is successful, the court will correct the table.

Processing time

The processing time depends on the individual case. The table must be submitted within the first third of the period between the registration deadline and the examination date.

Fees

• Claim registration: free of charge


• In case of late registration: costs for an additional examination EUR 24.00


• if applicable, fees and expenses for legal representation

Legal remedies

All legal remedies available against final judgments may be taken against the claims established.

Legal basis

Sections 174 et seq. of the Insolvency Code (InsO) – Determination of claims


https://www.gesetze-im-internet.de/inso/__174.html


§§ 179 InsO – Disputed claims


https://www.gesetze-im-internet.de/inso/__179.html


Section 184 InsO – Action against an objection by the debtor


https://www.gesetze-im-internet.de/inso/__184.html


Section 28 of the Insolvency Code (InsO) – Requests to creditors and debtors


https://www.gesetze-im-internet.de/inso/__28.html


Section 29 InsO – Determination of the date


https://www.gesetze-im-internet.de/inso/__29.html


§§ 35 ff. InsO – insolvency estate, allocation of creditors


https://www.gesetze-im-internet.de/inso/__35.html