Service Finder
Request opening of insolvency proceedings
Service Description
Insolvency proceedings are court proceedings. It is used to liquidate a debtor's assets and distribute the proceeds to his creditors. Insolvency proceedings are opened only upon a petition. The creditors and the debtor are entitled to file a petition. The opening of insolvency proceedings presupposes that there is a ground for opening the proceedings. A general reason for opening insolvency proceedings is the debtor's inability to pay.
If the debtor applies for commencement of insolvency proceedings, commencement may also take place in the event of the debtor's imminent insolvency. The insolvency court shall reject the application for commencement of insolvency proceedings if the debtor's assets are not expected to be sufficient to cover the costs of the proceedings. If the insolvency proceedings are opened, the insolvency court appoints an insolvency administrator and requests the creditors to lodge their claims with the insolvency administrator within a specified period.
Who should I contact?
The competent court is the insolvency court in whose district the debtor's place of residence or business is located.
In Thuringia, there are insolvency courts at the Erfurt, Gera, Meiningen and Mühlhausen local courts.
Competent authority
The examination of the opening of insolvency proceedings shall be carried out by the insolvency court. The local court in whose district a regional court has its seat shall have exclusive jurisdiction for the insolvency proceedings as the insolvency court for the district of that regional court.
Requirements
The opening of insolvency proceedings presupposes that there is a reason for opening the proceedings. A general ground for opening insolvency proceedings is the debtor's inability to pay. If the debtor applies for commencement of insolvency proceedings, commencement may also take place in the event of the debtor's imminent insolvency.
Legal basis
Applications / forms
If the opening of insolvency proceedings is refused, the applicant and, under certain circumstances, the debtor shall have the right of immediate appeal. If insolvency proceedings are opened, the debtor has the right of immediate appeal.
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
TMMJV
Professionally released on
12.10.2021
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Amtsgericht Gera
Postal address
07506 Gera
Address
07545 Gera
