Bankruptcy rate / insolvency rate

Definition of the insolvency rate

The bankruptcy rate is the fraction or percentage that the bankruptcy creditors consider Bankruptcy estate received from this on their claims (§ 196 InsO). Any advance payments received previously (Section 195 InsO) must be included in the calculation of the insolvency rate. The bankruptcy rate is the success rate of the bankruptcy proceedings.

Completion of bankruptcy proceedings

The creditors can continue to assert the unredeemed remainder of their claims after the conclusion of the insolvency proceedings against the debtor (Section 201 InsO). If the debtor as a natural person achieves an exemption from his debts in the residual debt exemption procedure, this leads to the expiry of the residual claim (Section 301 InsO). The success of the procedure depends on the skills of the liquidator. B. include:

• Taking possession and administration of the assets belonging to the bankruptcy estate (Section 148 InsO)
• Creation of a list of mass objects (§ 151 InsO)
• Creation of the list of creditors (§ 152 InsO) and the overview of assets (§ 153 InsO).
• Inclusion of the registered creditor claims in a table (Section 175 InsO)
• Termination of rental or lease contracts (Section 109 InsO) and employment relationships (Section 113 InsO)
• Dispute of actions before the opening of the procedure, e.g. donations (§§ 129 ff. InsO).
• Continuation of a business to be maintained and search for a buyer
• Preparation of the creditors' meeting (reporting, review and closing date)
• Exploitation of the bulk objects, taking into account the rights of separation or separation
• Elaboration of the basis for the final distribution (distribution list, final invoice)
• Payment of the insolvency quota on the final distribution.

Reporting date

In the reporting date, the insolvency administrator presents the debtor's economic situation.

Exam date

In the examination date, the claims of the creditors registered with the insolvency administrator in the table are checked for their justification and determined (§§ 176, 178 InsO).

Deadline

In the final date, the final distribution is determined with the consent of the bankruptcy court (§§ 196,197 InsO). The bankruptcy court decides to cancel the bankruptcy proceedings (Section 200 InsO).