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Insolvency; consulting
You can seek advice from a recognized insolvency advice centre or a suitable person.
Responsible for you
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Procedure details
Description
Over-indebted private individuals (natural persons) can apply to the local court for discharge of residual debt as part of consumer insolvency proceedings. However, an out-of-court settlement must first be attempted with the creditors.
Over-indebted citizens who wish to apply for consumer insolvency proceedings have the option of contacting a recognized insolvency advice centre or, for example, a lawyer of their choice. If the personal income situation requires it, an application for free legal advice (advice assistance) can be made to the competent local court for advice from a lawyer.
Before judicial residual debt discharge proceedings can be initiated, a suitable person (lawyer, notary, tax consultant) or a suitable body (recognized insolvency advice centre) must certify that an out-of-court settlement attempt was made but failed.
Requirements
You are over-indebted and are seeking consumer insolvency proceedings.
Proceedings
Contact a recognized insolvency advice centre or a suitable person (lawyer, notary, tax consultant) of your choice.
Fees
none
Deadlines
You must seek advice before initiating residual debt discharge proceedings.
Legal bases
Related issues
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Counseling assistance; application
You can apply for legal aid if you do not have the necessary funds for legal assistance in out-of-court proceedings or mandatory conciliation proceedings.
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Insolvency benefit; application
If your employer is insolvent and can no longer pay your wages, you can apply for insolvency benefit.
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Debt; counseling
If you need advice because of your financial situation, you can make use of debt counseling.
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Consumer insolvency and residual debt discharge; applicationInsolvency law provides for separate consumer insolvency proceedings for people who are not self-employed, which can lead to a discharge of residual debt after three or five years under certain conditions.
Status: 11.12.2024
Editorial responsibility Bayerisches Staatsministerium für Familie, Arbeit und Soziales
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