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German insolvency: grounds, proceedings, debt discharge
Grounds for opening, the application and the course of German insolvency proceedings

Module 122 min2778 wordsFree — no account

Grounds for opening, the application and the course of German insolvency proceedings

The lesson56
Worked case1
Quiz1
Sources and links1

In this module

Module 1 of 2

Test yourself

A way to check what has landed — no marks, no account · 1 section · 329 words · 6 min

Test yourself

Question 1 of 6

Question 1 of 6

Which ground for opening does NOT apply to a sole trader?

illiquidityimpending illiquidityover-indebtedness

Question 2 of 6

Question 2 of 6

Who can base an application for opening on impending illiquidity?

any creditor with a due claimonly the debtor, on its own applicationonly the tax officethe court of its own motion

Question 3 of 6

Question 3 of 6

Over what period is the continuation of the business forecast in the over-indebtedness test?

six monthstwelve months24 monthsthree years

Question 4 of 6

Question 4 of 6

A debtor pays the claim after a creditor has applied, and the court then rejects the application as unfounded. Who bears the costs of the proceedings?

the creditorthe debtorthe stateboth, half each

Question 5 of 6

Question 5 of 6

What is the effect of a general prohibition on disposals imposed alongside a preliminary administrator?

none, the debtor keeps disposing alonethe power to manage and dispose passes to the preliminary administratorthe proceedings are deemed openedall claims against the debtor fall due at once

Question 6 of 6

Question 6 of 6

A debtor wants to keep working as a self-employed person after opening. What does s. 35(3) InsO require?

nothing, as long as there are no employeesapproval from the creditors' committeeprompt notice to the administratorgiving up the activity until the proceedings end

Back to the programme Module 2 — nextConsumer or standard insolvency, and the road to discharge of residual debt

Educational content, current with the sources cited. It does not replace advice tailored to your situation. These courses are neither certifying nor CPF-eligible: they prepare for no certification registered with the French RNCP or specific register.

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