Consumer and Ordinary Insolvency Proceedings

Consumer insolvency proceedings are commenced over the assets of a natural person if the debtor was not and is not involved in a self-employed activity.
If he was involved in a self-employed activity, consumer insolvency proceedings are commenced if his asset situation is clear and there are no claims against him on the basis of employment relationships.

Since the function of the insolvency administrator in simplified insolvency proceedings is carried out by a trustee with comparatively restricted competencies, it is absolutely imperative, primarily to ensure that it is possible to file contestation claims but also in order to realise assets for the insolvency estate, that there is a good and trusting cooperation with the creditors.

Even in simplified insolvency proceedings realisation of claims to the insolvency assets (collection, contest), realisation of the assets but also supervision of the information and cooperation duties are at the focus of our activity as trustees.

Ordinary insolvency proceedings are commenced where

  • the debtor is a legal person,
  • the debtor is a natural person who carries out a self-employed activity,
  • the debtor is a natural person who has carried out a self-employed activity in the past, whose asset situation is not clear or where there are claims arising from employment relationships.

Key Contact

Carsten D. Liersch

Lawyer and Insolvency Administrator, Accredited Specialist in Insolvency Law
T +49 30 851029-0