Support and advice
Recognized debt counseling center pursuant to § 3 (1) Nds. AGInsO (Lower Saxony Insolvency Act)
in 31737 Rinteln and 31785 Hameln
Short-term appointments
within 5-7 business days!
We make it possible!
Debt pressure? Legal problems?
Simply scan the code and make an appointment for a non-binding initial consultation via WhatsApp!
Or simply call:
Rinteln location: 05751-9932480
Hameln location: 05151- 9969530
Our opening hours at the Rinteln location: Tel. 05751 - 993 24 80
Mon. - Fri. 9:00 a.m. - 6:00 p.m.
Mon–Fri in the evening, Saturday - By appointment!
Our opening hours at our Hamelin location: Tel. 05151 - 996 95 30
Appointments by arrangement only!
Simply call or send an email to info@sbz-schuldnerberatung.de
Are you satisfied with us and our service?
Then we look forward to receiving your evaluation, either
via the yellow pages or via the local or via Google.
Thank you very much!
You do not have to live in Lower Saxony to take advantage of our free consultation service.
Consumer insolvency / regular insolvency
Definition | Differences
Your contact persons
Lawyer Heinz Krüger
Head of Debt Counseling
Stephanie Schütte
Management / Head of Processing Office
Consumer insolvency is the insolvency procedure for people who are not self-employed.
Consumer insolvency proceedings, often also referred to as personal insolvency, are available to people who are not self-employed. These are, for example, employees, the unemployed and pensioners.
In contrast, standard insolvency is normally used when the debtor is a company or business.
Under certain circumstances, a formerly self-employed person can also file for personal insolvency. This is usually possible if the financial circumstances are manageable and/or there are no liabilities from employment.
This means, for example, if there are fewer than 20 creditors and if there are no outstanding employee claims or liabilities from employment relationships (outstanding wages, income tax and social security contributions). If there are more than 20 creditors or liabilities from employment relationships, regular insolvency must be applied for.
Please also note our information on the subject of Estate insolvency!
Consumer insolvency proceedings
Consumer insolvency proceedings (personal insolvency) / good conduct period
The Insolvency Code offers over-indebted consumers the opportunity to overcome their mountain of debt within 3 years (plus the extrajudicial preparation period), even if no attachable income or assets can be generated during the entire duration of the proceedings. Thanks to the possibility of deferring costs, even those who are completely destitute can take part in the proceedings and receive a discharge of residual debt.
Those affected can apply to the competent insolvency court to open consumer insolvency proceedings, together with the application for "residual debt discharge". However, an attempt must first be made to reach an out-of-court settlement with the creditors. A suitable insolvency advice center or a suitable person, usually a lawyer, must be involved in this attempt to reach an agreement.
We are there for you at this point and meet all the necessary requirements to provide you with competent and empathetic advice!
Call us on 05751-9932480
A personal consultation with a detailed examination of your income and financial situation is mandatory. Your creditors will be contacted through us and an attempt will be made to reach an agreement after a debt query (determination of the current status of all your outstanding debts). If such an agreement cannot be reached, we will support you in applying for consumer insolvency proceedings.
As part of the consumer insolvency proceedings, any remaining attachable assets are realized and the proceeds distributed to the creditors. This is followed by the so-called "good conduct phase", which usually lasts 3 years together with the insolvency proceedings.
During this time, you must assign your attachable income to a trustee. The trustee distributes the amounts collected to your creditors.
If these amounts are not sufficient to pay off the debts, the remaining debts will be waived at the end of the procedure.
If you are so destitute that, despite all efforts, no assets or attachable income can be distributed during the term of the proceedings, you will regularly be exempted from the obligation to pay all your debts.
Consumer insolvency generally lasts 3 years. This applies to all proceedings that have been applied for since 01.10.2020.
If it is already your second procedure, the duration of a second procedure is extended if residual debt discharge has already been granted once. A duration of 5 years applies to second proceedings if the debtor has already been granted residual debt discharge once on the basis of an application filed after September 30, 2020.
Our debtor advisor, lawyer Heinz Krüger, will be happy to explain more about this in a personal meeting.
What costs are incurred and who pays them?
Consumer insolvency proceedings are subject to a fee. The debtor counseling we provide in the run-up to the insolvency proceedings usually costs you nothing, as these costs are borne by the Lower Saxony State Office for Social Affairs, Youth and Family.
The following costs are incurred for consumer insolvency proceedings:
- Court costs
- Costs of the insolvency administrator / trustee
- if applicable, lawyer's fees (only if you hire your own lawyer); in principle, the costs are paid from the "assets", i.e. from what can be seized from you.
In principle, the costs are paid from the "assets", i.e. from what can be seized from you.
If your own funds are not sufficient to cover the costs of the proceedings, you can apply for a deferral of the costs for each stage of the proceedings.
As a rule, the court grants the deferral unless there are reasons that preclude the discharge of residual debt.
If attachable amounts flow to the insolvency administrator/trustee during the proceedings, the costs are settled first.
If the costs are not yet covered at the end of the procedure, you must contribute to the repayment of the costs for a maximum of 4 additional years, provided you are financially able to do so.
However, this is only the case if you have earned higher income after the procedure has expired. The deferral can be subsequently revoked if your circumstances change, you have provided false information or you have not fulfilled your obligations.
Please note that only the costs for the insolvency proceedings themselves are described here!
Here you can find out under what conditions we can and cannot work for you free of charge in the context of debt counseling and debt settlement:
On our premises you will also find
the Schaumburg Advice Center (job coaching / job applications / business start-up advice)
the law firm Heinz Krüger specializing in insolvency law, family law, employment law, tenancy law and social law. Based on his many years of experience, attorney Heinz Krüger heads our debt counseling service and is also the person who conducts the counseling sessions with you.
Your advantage:
You will find many ways to improve your situation under one roof.
Because one often needs the other!
What happens to my assets?
Your existing assets will be realized, residential property may be auctioned off. You must not be deprived of what you need to live.
You will be allowed to keep a car if you or a family member absolutely need it to get to work. Even if you are severely disabled or seriously ill and therefore depend on it, you may be able to keep the vehicle or if you need it for a seriously ill family member. If you own a relatively valuable car, the insolvency administrator can utilize it despite seizure protection and provide you with a less valuable vehicle.
The residual debt discharge generally applies to all debts that you have at the time the proceedings are opened.
Exception:
Debts from intentional criminal offenses. It is also possible that you may continue to pay off tax debts or maintenance debts even after the proceedings have ended and you have been granted residual debt discharge if, for example, you have committed tax evasion or breached your maintenance obligations.
Your obligations to cooperate
- Disclosure of your assets and income
- Duty to inform about change of residence and job
- Obligation to seek reasonable work
- Surrender of half of the inheritance
- Disclosure of winnings from competitions, lotteries, etc. However, there is a de minimis limit for winnings of low value.
- Half surrender of gifts, unless such gifts are usual and customary.
If you do not meet your obligations, the insolvency proceedings may fail and you will retain your entire debt burden!
Our services
Insolvency - Definition
Initial consultation
Certificates
Your livelihood
Debt settlement
