Law to shorten the residual debt discharge procedure and to strengthen the rights of creditors

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Basic data
Title: Law to shorten the residual debt discharge procedure and to strengthen the rights of creditors
Abbreviation: GlRStG (no official abbreviation)
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Bankruptcy law
Issued on: July 15, 2013 ( Federal Law Gazette I p. 2379 )
Entry into force on: July 1, 2014 / partially: July 19, 2013
Please note the note on the applicable legal version.

The law to shorten the residual debt discharge procedure and to strengthen the rights of creditors (GlRStG) is a federal law of the Federal Republic of Germany . The law arose from an initiative of the federal government and forms the second stage of the reform of the bankruptcy law.

content

For proceedings applied for after July 1, 2014, the law provides for a reduction in the period after which a residual debt discharge should be possible from six years to five years, provided that at least the costs of the proceedings are paid. Furthermore, it can be reduced to three years. In the course of this shortening, the minimum satisfaction rate for creditor claims has been increased from 25 percent to 35 percent.

Another content of the law is the opening of the insolvency plan procedure for consumer bankruptcies .

history

The Federal Ministry of Justice presented the specific plans for the second stage of the reform to the specialist audience in spring 2011, including by Federal Justice Minister Sabine Leutheusser-Schnarrenberger at the 8th German Insolvency Law Day on April 7, 2011.

On October 31, 2012, the Federal Government submitted a draft law to the Bundestag (BT-Drs. 17/11268). The Legal Committee issued a position on May 15, 2013 (BT-Drs. 17/13535). On May 16, 2013, the Bundestag passed the law; the Federal Council approved the law on June 7, 2013. The law was then promulgated in the Federal Law Gazette on July 18, 2013 .

See also

Web links

Individual evidence

  1. ↑ Federal Minister of Justice plans to change insolvency law: Strengthening companies vis-à-vis insolvency administrators . In: INSOLVENCY NEWS & ADVICE . March 18, 2010 ( insolvenz-news.de [accessed November 29, 2016]).
  2. ↑ FAQ on the new insolvency law consumer center North Rhine-Westphalia
  3. ↑ a b c Information on the course of this legislative process on bundestag.de
  4. ↑ Federal Law Gazette . In: www.bgbl.de. P. 2383 in the BGLB , accessed on November 29, 2016 .
  5. ↑ STP Portal GmbH, Insolvency Portal: Second chance - even with consumer bankruptcy | Bankruptcy Portal. In: app.insolvenz-portal.de. Retrieved November 29, 2016 .
  6. ^ Government draft and statements, linked to library, legal materials of the Federal Court of Justice