Part Eleven – International Insolvency Law

Chapter Two – Foreign Insolvency Proceedings

Section 348 – Competent Insolvency Court.

Co-operation between Insolvency Courts

(1) The insolvency court within whose district the establishment is situated or, in the absence of an establishment, assets of the debtor are situated has exclusive jurisdiction for the decisions pursuant to sections 344 to 346. Section 3 (2) applies with the necessary modifications.

(2) If the requirements for recognition of foreign insolvency proceedings are fulfilled or if clarification is required as to whether the requirements are met, the insolvency court may co-operate with the foreign insolvency court and in particular pass on information of relevance to the foreign proceedings.

(3) In order for the proceedings to be appropriately facilitated or processed more rapidly, the governments of the Federal States are authorised to allocate the decisions pursuant to sections 344 to 346 for the districts of several insolvency courts to one of these by statutory order. The governments of the Federal States may delegate this power to the administration of justice departments of the Federal States.

(4) The Federal States may agree that the decisions pursuant to sections 344 to 346 for several Federal States are allocated to the courts of one Federal State. If an application pursuant to sections 344 to 346 is received by a court without jurisdiction it shall forward the application without delay to the court with jurisdiction and inform the applicant accordingly.

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German Insolvency Code / in force since 29. December 2016