Conduct phase
The term “ good conduct phase” comes from bankruptcy law and describes the period in which a debtor has to submit to certain conditions. If he meets these conditions, he can, for example, receive a discharge of the remaining debt . The term itself does not appear in German insolvency law , but is often used in the comments, e.g. on the insolvency regulation . The duration of the conduct of business phase is regulated differently in the member states of the European Union . Some grant discharge of residual debt faster, for example England . This leads to attempts to offer debtors from Germany settlement in other European countries. The trials are not very promising for private individuals, because the jurisdiction of the courts is usually linked to the place of residence. Also been responsible may tax authorities continue an administrative procedure (see § 26 Tax Code ). Simulated relocations of company or residential headquarters can be uncovered, the invested costs (e.g. for office and apartment) are then irretrievably lost.
In the legal-political discussion it is not only about the duration but also about the associated conditions during the conduct of business phase. Some are calling for an extension to prevent excessive preferential treatment for debtors. Sometimes the creditors show no interest in the procedure and do not use their legal options. The "classic" creditors and bankruptcy applicants such as social security and tax offices are increasingly turning to register their claims as criminal.
On May 16, 2013, the German Bundestag passed the reform of consumer insolvency with the law to shorten the residual debt discharge procedure and to strengthen the rights of creditors . Accordingly, the remaining debt can be discharged after three years instead of the previous six years, provided that the process costs have been paid by the debtor by then and a minimum satisfaction rate of 35 percent is met. Consumer advocates criticized this law because it was impossible for the majority of debtors to pay off 35 percent of their debts in this short time.
literature
- Hans-Ulrich Heyer: Debt discharge and consumer bankruptcy in practice . Handbook for advisors and creditors. Walhalla Fachverlag, 3rd edition, Regensburg 2016
Individual evidence
- ↑ Heyer 2016, page 236
- ↑ Tax Office St. Matthew: Important news about the EU insolvency 2017: From insolvency plan to Brexit ( memento of the original from January 6, 2018 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. May 6, 2017
- ↑ Jörg Franzke: Personal bankruptcy in England as of August 2, 2017
- ↑ Law to shorten the residual debt discharge procedure and to strengthen the rights of creditors of July 15, 2013 ( Federal Law Gazette I p. 2379 )
- ↑ cf. Working Group Debt Advice of Associations (AG SBV): Opinion on the draft law to shorten the residual debt discharge procedure, to strengthen the rights of creditors and to make licenses insolvency January 18, 2012, p. 5, p. 16 f.
