ºÚÁÏÀÏ˾»ú

Prerequisites

• As a private individual, you do not pursue any independent, commercial activity. You are not self-employed or operating as an entrepreneur.
• You can no longer pay your bills or debts or will not be able to do so in the near future.
• You have already made serious attempts to reach an out-of-court agreement with your creditors regarding debt settlement.
  • If you're trying to reach an agreement with your creditors, make a proposal for how you can repay your debts in installments or on fixed dates. You should also disclose your financial situation. Your creditors need to know whether your proposal is realistic and fits your financial situation. Get support, for example, from a debt counselor or a lawyer.
• This attempt at an out-of-court settlement failed.
• The costs of the proceedings can be covered from your assets or are secured by a possible later payment (deferment of procedural costs).

Documents required

• Completely and correctly completed and signed application form for the procedure, including the required attachments such as the list of assets, the overview of assets and the list of creditors
• if applicable: application for discharge of residual debt with the necessary declaration of assignment
• if applicable: application for deferral of procedural costs
• other declarations to check whether and when you have already been granted or denied discharge of residual debt (these declarations are already included in the forms).
• Certificate of failure of an out-of-court settlement attempt by an authorized body, for example:
  • Lawyer or notary public or
  • Debt counseling

Please note

The District Court does not provide legal advice. Please contact authorized attorneys or notaries.

The Public Legal Information Service (ÖRA) offers affordable legal advice for people with low incomes.

Deadlines

Apply for insolvency proceedings no later than 6 months after the out-of-court debt settlement has failed.




Submit any missing documents or information when requested. Otherwise, your application will be considered withdrawn.




If you have applied for discharge of residual debt, the period of good conduct ends after three years. If you reapply for discharge, it usually ends after five years.

Procedure

• You download the application forms.
• You fill out the forms. You can get support from a lawyer or debt counselor.
• You submit the application with all required documents.
• The responsible office will review your documents. If necessary, they may request additional documents or information from you. Please submit these within the specified deadline.
• The competent insolvency court decides whether judicial debt settlement proceedings should be carried out.
• If no judicial debt settlement procedure is carried out or if it has failed, insolvency proceedings are opened.
• The insolvency court appoints an insolvency administrator to manage the proceedings.
• Your (exempt) assets will be liquidated.
• The insolvency proceedings are terminated.
• If you have applied for discharge of residual debt, the period of good conduct begins.
• During this time you must fulfill certain obligations, such as performing appropriate work.
• The competent authority shall appoint a trustee for the period of good conduct.

Processing time

The processing time depends on the individual case. Processing can take several months.

Fees

Fees and costs are incurred, for example, for expenses or the insolvency administrator's remuneration. The amount of the fees depends on the insolvency estate. Deferred costs are initially borne by the state treasury.

Legal remedies

Immediate appeal

Legal basis

Insolvency Code (InsO) §§ 304 ff





Court Fees Act (GKG) § 58





Insolvency Code (InsO) § 65





Insolvency Remuneration Ordinance (InsVV)





Judicial Remuneration and Compensation Act (JVEG)