If the court opens insolvency proceedings, it asks the insolvency creditors in the opening decision to submit their claims to the insolvency administrator within a certain period of time to the bankruptcy table . This should be at least two weeks and a maximum of three months . Bankruptcy creditors are those who had a justified claim against the debtor before the insolvency proceedings were opened.
Even the creditors of the insolvency proceedings has requested his debtor must register in this way its demand. Otherwise, its claim will not be taken into account in the insolvency proceedings. If a creditor does not register his claims himself but instructs a third party to do so, a corresponding authorization must be submitted.
Important : In no case send your claim to the court , but only to the responsible bailiff . Also note that the bankruptcy court does not provide legal advice on individual cases. Legal advice on insolvency law can be obtained from a lawyer or a notary public.
How this application has to be made is precisely regulated in the law: The exact requirements for a claim registration are governed by § 174 Inso (Insolvency Code).
Registration must be in writing in German . The insolvency court will usually send you a form with the opening decision or you will receive a corresponding form from the insolvency administrator for your claim in the insolvency proceedings .
This claim in insolvency proceedings must contain the following information :
An incorrect filing of the claim in insolvency proceedings may result in the insolvency administrator not recognizing them.
A claim for insolvency may also be possible even if the time limit set by the court has expired . For such a subsequent registration of a bankruptcy claim , a special fee-based examination date is set. The costs are borne by the defaulting creditor. However, this possibility only exists until the closing date . After that, claims can no longer be registered.