Bankruptcy creditor

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Bankruptcy creditors are after the legal definition of § 38 Insolvency Act (InsO) those creditors that against the bankruptcy debtor a demand have that even before the moment of opening of insolvency proceedings was justified. Claims justified after the initiation of proceedings are mass liabilities Section 53 of the Insolvency Code (InsO) or new liabilities. Anyone who has a right of segregation within the meaning of Section 47 of the Insolvency Code (InsO) is not a bankruptcy creditor, even if his claim existed against the debtor when bankruptcy was opened.

After the opening of the proceedings, the insolvency creditors can only pursue their claims in the insolvency proceedings, Section 87 InsO. The claim is to be submitted to the insolvency administrator or, in the shortened consumer insolvency procedure, to the trustee with the addition of suitable evidence in accordance with Section 174 InsO .

According to Section 89 InsO, individual foreclosure is no longer permitted after opening. Only that part of the income that does not belong to the bankruptcy estate but is open for maintenance obligations may only be enforced for ongoing maintenance claims .

See also

Individual evidence

  1. Justus Kortleben: The creditor in insolvency proceedings . Peter Lang, 2018, ISBN 978-3-631-75825-0 , pp. 280 .