Bankruptcy table
An insolvency table is a list drawn up by the insolvency administrator in accordance with Section 175 InsO of all of the insolvency creditors' claims that have been registered and examined by him . Checking does not mean that the administrator per se determines the registered claim as justified and includes it in the table. A claim registered by a creditor must be proven in its existence. This often leads to only parts of the claim being recognized and the rest being disputed. Estimates without any proof are generally not recognized by the administrator. If part or all of the claim is disputed by the administrator, it is up to the obligee to provide appropriate evidence. In this case, the claim must be determined retrospectively.
Claims that were justified after the opening of insolvency proceedings are not included as mass liabilities . Such mass claims are always served by the administrator immediately or when due.
The appearance of the insolvency table is neither standardized nor defined in detail; it therefore differs considerably in the various federal states or insolvency courts. In addition, the appearance is subject to constant change. This leads to the fact that program systems for the creation of such writing usually contain a large number of corresponding printing options. The reader of the table must therefore think about the respective logic.
Whether and to what extent the established claims from the insolvency table will be paid out is determined by the insolvency quota at the latest at the end of the insolvency proceedings . This depends on how much mass is available to satisfy the claims of the creditors . It is at the discretion of the administrator to distribute what is known as a down payment even while the proceedings are still ongoing, provided that he is of the opinion that the existing mass makes this appear sensible. However, since the administrative effort and the potential legal problems of a down payment distribution are often very large, they are rather the exception. In the case of company insolvencies, claims cannot often be settled in full because the bankruptcy estate is not sufficient. This also specifically affects the employees, since the satisfaction of those open wage claims that already existed before the opening of insolvency proceedings then only takes place proportionally.
See also
Individual evidence
- ↑ Insolvency advisor: 11. What is the insolvency table ? :: Insolvenz-Ratgeber.de. Retrieved January 31, 2017 .
- ↑ Der Spiegel : Do I have to forego my salary? dated September 1, 2015, accessed March 1, 2016
