Part Nine – Consumer Insolvency Proceedings

Section 305 – Debtor’s Application for Commencement of Insolvency Proceedings

(1) Along with the written application for commencement of insolvency proceedings or without delay following the application, the debtor must submit:

1. a certificate issued by an appropriate person or body based on personal counselling and a detailed examination of the debtor’s income and assets stating that within the last six months prior to the application for commencement of insolvency proceedings an unsuccessful attempt was made to reach an out-of-court debt settlement agreement with the creditors on the basis of a plan; the plan shall be attached and the principal reasons for its failure shall be explained; the Federal States may determine which persons or bodies are to be regarded as appropriate;

2. the application for discharge of residual debt (section 287) or a declaration that an application for discharge of residual debt is not to be made;

3. a list of available assets and income (list of assets), a summary of the main content of this list (statement of assets and liabilities), a list of creditors and a list of the claims against the debtor; a declaration must be attached to the lists and to the statement of assets and liabilities stating that the information they contain is accurate and complete;

4. a debt settlement plan; this may include all arrangements which, taking account of the creditors’ interests and the debtor’s assets, income and family circumstances, are likely to lead to a reasonable debt settlement; the plan shall also state whether and to what extent guarantees, liens and other creditors’ securities are to be affected by the plan.

(2) In the list of claims pursuant to subsection (1) No. 3 reference may also be made to enclosed itemisations of claims by the creditors. At the debtor’s request the creditors are obliged to provide the debtor with a written itemisation of their claims against him/her at their expense to enable him/her to prepare the list of claims; they must, in particular, state the amount of their claims broken down into principal claim, interest and costs. The debtor’s request must contain a reference to an application for commencement of insolvency proceedings that has already been submitted to the court or to an application planned for the near future.

(3) If information is missing from the official forms pursuant to subsection (5) that the debtor has submitted, the insolvency court shall request the debtor to provide the missing information without delay. If the debtor does not comply with this request within one month, his/her application for commencement of insolvency proceedings shall be deemed to have been withdrawn. In cases coming under section 306 (3) sentence 3, the period shall be three months.

(4) The debtor may be represented before the insolvency court by an appropriate person or member of a body recognised as appropriate within the meaning of subsection (1) No. 1. Section 174 (1) sentence 3 applies with the necessary modifications to representation of the creditor.

(5) In order to simplify consumer insolvency proceedings, the Federal Ministry of Justice and Consumer Protection is authorised to introduce forms for the parties concerned for the certificates, applications, and lists to be submitted in accordance with subsection (1) Nos 1 to 3 by means of statutory order issued with the approval of the Bundesrat. Insofar as forms are introduced pursuant to sentence 1, the debtor must use these forms. Different forms may be introduced for proceedings in courts where the proceedings are processed electronically and for proceedings in courts where the proceedings are not processed electronically.

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German Insolvency Code / in force since 29. December 2016