Part One – General Provisions

Section 5 – Procedural Principles

(1) The insolvency court shall ascertain ex officio all circumstances relevant to the insolvency proceedings. To this end it may, in particular, hear witnesses and experts.

(2) If the debtor’s financial circumstances are straightforward and the number of creditors or the amount of the debts is small, the proceedings will be conducted in writing. The insolvency court may order that the proceedings or individual parts of the proceedings are conducted orally if this is appropriate to facilitate the course of the proceedings. The court may rescind or vary this order at any time. The order and its rescission or variation shall be published.

(3) The court may issue its decisions without a hearing. If a hearing is held, section 227 (3) sentence 1 of the Code of Civil Procedure (Zivilprozessordnung) is not applicable.

(4) Schedules and lists may be produced and processed electronically. The governments of the Federal States are authorised to lay down detailed provisions by statutory order regulating the maintenance of the schedules and lists, their electronic submission, as well as the electronic submission of accompanying documents and their storage. They may also stipulate the data format requirements for electronic submission. The governments of the Federal States may delegate this power to the administration of justice departments of the Federal States.

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German Insolvency Code / in force since 29. December 2016