Bankruptcy settlement
A bankruptcy settlement is the out-of-court debt settlement before consumer bankruptcy proceedings are opened .
occurrence
With the opening application, the debtor presents the bankruptcy court with an overview of assets, a list of the claims against him and a debt settlement plan. Pursuant to Section 305 (1) No. 4 InsO, the debt settlement plan can contain all provisions which, taking into account the interests of the creditors as well as the financial, income and family circumstances of the debtor, are suitable to lead to an appropriate debt settlement. The debt settlement plan can also be a so-called zero plan, which means that the debtor does not offer any payments. The insolvency regulation does not provide any reasons that could prevent the admissibility of zero plans. This does not require a certain minimum quota as a result of a bankruptcy satisfaction.
The procedure on the application to open insolvency proceedings is suspended until the decision on the debt settlement plan ( Section 306 InsO).
The bankruptcy court provides the creditors with the debt settlement plan and the balance sheet and asks the creditors to comment ( Section 307 InsO). If no creditor has raised objections or if the approval of a creditor is replaced by the court in accordance with Section 309 InsO, the plan is deemed to have been accepted. The debt settlement plan has the effect of a comparison within the meaning of Section 794 (1) No. 1 ZPO . The applications to open insolvency proceedings and to grant discharge of residual debt are considered withdrawn ( Section 308 InsO).
Otherwise, the procedure will be resumed ex officio via the opening application ( Section 311 InsO).
meaning
The debtor only has to meet the liabilities in accordance with the agreements in the debt settlement plan. The agreement releases him from other liabilities.
The consequences of insolvency proceedings for the debtor can be avoided through an insolvency settlement, in particular the loss of the power of disposal ( Section 80 InsO) and a Schufa entry . A consensual debt settlement also relieves the bankruptcy courts.
With an out-of-court debt settlement, the creditors receive an average of 11.1% of their claims.
The Federal Statistical Office shows a total of 5,688 opened consumer bankruptcies in January 2018, and the debt settlement plan was adopted in 148 cases.
Individual evidence
- ↑ BGH, decision of October 10, 2013 - IX ZB 97/12 para. 9 ff.
- ↑ The zero plan in the debt settlement plan procedure rechtslupe.de, November 13, 2013
- ↑ FAQ consumer insolvency website of Schufa Holding AG, accessed on April 13, 2018
- ↑ Jan Heuer et al. a .: The out-of-court settlement attempt in consumer insolvency proceedings. Debt collection company as a new data source for debt investigations 2005, p. 21
- ^ Federal Statistical Office (Destatis): Fachserie 2 Reihe 4.1 Companies and workplaces. Insolvency proceedings 2018, p. 9
