AmtsDeutschland
0%
Skip to main content
Authorities Most popular Guides
FAQ Contact
Find an official procedure

Insolvency application at the Amtsgericht

The certificate has an expiry date that hardly anyone mentions

Insolvency court§ 305 InsODeferment possible

The insolvency court is a division of the Amtsgericht. The application for consumer insolvency must be preceded by an out-of-court settlement attempt with the creditors; a certificate of its failure must be submitted, which, under § 305 Abs. 1 Nr. 1 InsO, is issued by a “suitable person or body” on the basis of personal advice and a thorough examination.

This certificate has an expiry date that is rarely mentioned and causes the most common avoidable loss of time: the settlement attempt must have failed within the last six months before the application to open proceedings. Anyone who files the application later must repeat the attempt — with a new waiting time for an advice appointment and new responses from the creditors.

Under § 287 Abs. 2 InsO, it takes three years from the opening of the proceedings to reach discharge of residual debt. With one exception that many accounts omit and that changes the entire planning: if you have already been granted a discharge of residual debt once before, the assignment period in a renewed procedure is five years.

Last updated28 August 2026
Legal basis§ 305 InsO · § 287 InsO
Verification§ 305 Abs. 1 Nr. 1 InsO · § 287 Abs. 2 InsO · § 3 RPflG
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
Certificate validSix monthsBefore filing for insolvency
Discharge of residual debtThree yearsFive the second time
Procedural costsDeferment possibleNo obstacle to the application
Required documents

What you need

Certificate of the failed settlement attempt

From a suitable body — a recognised debt counselling service, welfare organisation, or local authority body — or a suitable person such as a lawyer, notary, or tax consultant. It requires personal advice and a thorough examination; offers without advice do not meet the requirement.

Complete list of creditors and claims

All creditors with the amount of their claim, including old and disputed ones. A forgotten creditor does not take part in the discharge of residual debt and can continue enforcement later — this is the most costly mistake in the whole procedure.

Overview of assets and income

Proof of income, bank statements, information on vehicles and insurance. This determines the attachable portion that goes to the trustee during the assignment period.

Information on previous proceedings

If you have already been granted a discharge of residual debt once before, the assignment period under § 287 Abs. 2 InsO is extended to five years. This must be established from the outset, because it changes the entire planning.

Application for deferment of the procedural costs

Anyone who cannot afford the procedural costs applies for their deferment. A lack of funds is therefore not an obstacle to the application — a common misconception that keeps people from debt relief for years.

Step by step

How to proceed

  1. 1

    Find a suitable body

    Recognised debt counselling services, welfare organisations and local authority bodies, as well as lawyers, notaries and tax consultants. Ask explicitly about suitability within the meaning of § 305 InsO — only then can the certificate be issued. Waiting times of weeks to months are common.

  2. 2

    Record all creditors completely

    The settlement attempt is based on a plan that reflects all claims. Collect old and disputed claims as well; whether they are justified is examined during the advice session. A missing creditor remains unaffected by the discharge of residual debt.

  3. 3

    Carry out the out-of-court settlement attempt

    The advice centre presents the creditors with a debt settlement plan. If an agreement is reached, the insolvency procedure is unnecessary. If it fails, the certificate is issued — and from that point the six-month period starts to run.

  4. 4

    File the application to open proceedings in time

    Within six months of the failed attempt, using the official set of forms and with the application for discharge of residual debt. File the deferment application at the same time, if you cannot afford the procedural costs.

  5. 5

    Go through the good-conduct period

    After the opening, the three-year assignment period runs — five years if you have already been granted a discharge of residual debt once before. The attachable part of the income goes to the trustee. There are obligations: reasonable economic activity, notification of a change of place of residence or workplace, and handing over half of any inheritance.

  6. 6

    In the case of decisions by the Rechtspfleger

    This application is generally decided not by a judge, but by the Rechtspfleger (senior judicial officer): § 3 RPflG assigns them, among other things, estate, register, land register and insolvency matters. That is more than a question of jurisdiction, because the legal remedy follows from it: if no other appellate remedy is available against the decision, the Erinnerung (objection to a decision of the Rechtspfleger) is available under § 11 Abs. 2 RPflG, to be lodged within two weeks. The Rechtspfleger can grant it themselves; if they do not, they refer it to the judge. The Erinnerung proceedings are free of court fees.

Fee information

Costs and payment

Procedural costsDeferment possible under the InsO
Advice at a recognised bodyUsually free of charge
Certificate under § 305 InsOFree of charge there
Court costs and trustee's remunerationDeferment possible
Advice from a lawyer or tax consultantFor a fee
Erinnerung against the RechtspflegerFree of court fees

A lack of funds does not prevent the application: the procedural costs can be deferred and paid in instalments after the discharge of residual debt has been granted. The misconception that one must be able to “afford” insolvency keeps many people from debt relief for years.

Good to know

Important notes

The certificate is valid for six months. The failed settlement attempt must fall within the last six months before the application to open proceedings — otherwise it must be repeated.

Three years apply the first time. If you have already been granted a discharge of residual debt once before, the assignment period under § 287 Abs. 2 InsO is five years.

A forgotten creditor does not take part in the discharge of residual debt and can continue enforcement afterwards. Completeness of the list is more important than speed.

The procedural costs can be deferred. A lack of money is not a reason not to file the application.

Set up a Pfändungsschutzkonto (account protected against attachment) before the advice begins. It secures the minimum subsistence level independently of the procedure and can be set up at your own bank.

Avoid these mistakes

Common mistakes

Filing the application to open proceedings too late. If the failed settlement attempt was more than six months ago, it must be repeated — with a new waiting time.

Forgetting a creditor. Anyone not on the list is not covered by the discharge of residual debt and can continue enforcement.

Assuming three years, even though a discharge of residual debt has already been granted once before. In that case it is five.

Postponing the application because of a lack of funds. The procedural costs can be deferred.

Accepting a certificate without personal advice. § 305 InsO requires personal advice and a thorough examination; offers without both do not meet the requirement.

Frequently asked questions

Questions and answers

How long does it take to reach discharge of residual debt?

Under § 287 Abs. 2 InsO, three years from the opening of the insolvency proceedings. If you have already been granted a discharge of residual debt once before, the assignment period in a renewed procedure is five years. Many accounts mention only the three years and overlook this second case.

How long is the certificate valid?

The out-of-court settlement attempt must have failed within the last six months before the application to open proceedings. In practice, this means a validity of six months. Anyone who files the application later must repeat the attempt — this is the most common avoidable loss of time in the whole procedure.

What does the procedure cost if I have nothing?

Nothing up front. The procedural costs can be deferred and paid in instalments only after the discharge of residual debt has been granted; if impecuniosity continues, a waiver may be considered. Advice from recognised bodies is generally also free of charge. A lack of money is not a reason not to file the application.

What happens if I forget a creditor?

Their claim is not covered by the discharge of residual debt; they can continue enforcement even after the procedure has concluded. This is why the completeness of the list of creditors and claims is more important than speed — collect old and disputed claims as well and have them examined during the advice session.

What obligations do I have during the good-conduct period?

You must pursue a reasonable economic activity, or make efforts to do so, notify every change of place of residence and workplace, hand over the attachable part of your income, and surrender half of the value of any inheritance. Breaches of these obligations can lead to the refusal of the discharge of residual debt.

Who decides on my application?

In insolvency proceedings, decisions are largely made by the Rechtspfleger under § 3 RPflG. If no other appellate remedy is available against their decisions, the Erinnerung is available under § 11 Abs. 2 RPflG — within two weeks and free of court fees. The Rechtspfleger can grant it themselves; otherwise they refer it to the judge.

Related official procedures

Compulsory enforcement
Gerichtsvollzieher (court bailiff) or enforcement court
Under the GvKostG
Beratungshilfe (advisory assistance)
Personal contribution €15, waiver possible
€15
Disclaim an inheritance
Six weeks from awareness (§ 1944 BGB)
€30

Cannot find the official procedure you are looking for?

Tell us what information you need.

Send a request