The granting of remaining debt discharge is the goal of all those directly affected by insolvency. Remaining debt discharge means that at the end of your insolvency proceedings you are released from your debts by order of the insolvency court. Our main focus from the very beginning of the consultation and representation and throughout the entire proceedings is to help you as my client to achieve this goal as quickly and safely as possible.
German insolvency law provides for a granting of remaining debt discharge after 3 years. A reduction of the duration of the proceedings is linked to certain prerequisites. Within the scope of our advice, we always check whether a shortening is possible in your case and help you to take the right steps.
In order to be granted remaining debt discharge, certain prerequisites must be fulfilled. We check for you whether a breach of obligation could be imminent and ward off a possible application for refusal of remaining debt discharge for you.
Such a refusal is already threatened if the insolvency application is incomplete or if you pay too low contributions to the insolvency estate. Especially as a self-employed person in insolvency proceedings, who can freely agree his contributions to the insolvency estate with the insolvency administrator within a certain framework, a particular dilemma threatens here: Too low contributions can jeopardise the remaining debt discharge and too high contributions endanger the liquidity of your released self-employment.
Avoid costly mistakes
Your insolvency administrator is – and this cannot be said often enough – neither your advisor nor representative of your interests. Do not rely on his conduct of the proceedings to represent your interests in the best possible way. Only your own advisor and representative in the proceedings is able to ensure that you take all the steps necessary for granting remaining debt discharge.
In insolvency proceedings, for example, remaining debt discharge is only granted if you yourself have filed for insolvency. Especially if a so-called third-party application has been made against you and this cannot be averted, you must make your own application to benefit from remaining debt discharge.
The granting of remaining debt discharge is, as shown above, not an automatic act in insolvency proceedings. Especially at the beginning, it is important to avoid omissions and mistakes, which often can only be turned against you at the end of proceedings lasting years. With our experience and know-how, we will support you in avoiding these mistakes from the outset.
We also assist creditors who, in certain cases, wish to have the conditions for refusing remaining debt discharge checked and we will also represent you as a creditor in an application for refusal of remaining debt discharge.
Of course, we will also represent you with our legal expertise in all other cases in which an application for refusal of remaining debt discharge has been filed against you or in which you wish to file such an application.