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Deferral of procedural costs in insolvency proceedings

When conducting insolvency proceedings, procedural costs are incurred, which can be considerable (see "Costs of insolvency proceedings"). Only if these costs are covered can insolvency proceedings be opened with the possibility of obtaining discharge of residual debt. If you do not have sufficient assets or do not receive an advance on procedural costs from third parties, you can apply for a deferral of the costs of the proceedings. Your spouse is in principle obliged to pay an advance on procedural costs; only if your spouse is also unable to pay, a deferral of the costs of the proceedings can be considered.

The deferral means that you do not have to make any payments - usually until the discharge of residual debt has been granted. The deferred costs of the proceedings are to be paid primarily from the insolvency estate during the insolvency proceedings and until the end of the assignment declaration. If the costs of the proceedings have not yet been repaid to the state treasury or have not been repaid in full after the discharge of residual debt has been granted, payment in instalments may be granted for a maximum of 48 months. The prerequisite for this is that you are not in a position to cover the outstanding costs of the proceedings at once.

The court may change its decision on the granting of the deferral if your personal or economic circumstances that are decisive for the decision have changed significantly. Such a change must be notified to the court without delay. If you do not comply with this obligation despite a request from the court, the deferral may be lifted.

If the conditions for this are met, the court grants the deferral separately for each stage of the proceedings. Stages of the proceedings are in particular the opening proceedings, the actual insolvency proceedings and the discharge of residual debt proceedings.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

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