🧾 Procedure costs and deferral

If you cannot pay the procedure costs, the court can defer them (§ 4a InsO).

deferral of costs procedure costs § 4a InsO appointment of a lawyer discharge of residual debt trustee remuneration

In brief

Insolvency proceedings cost money. If your assets are not expected to cover them, you can apply for the court to defer the costs.

Requirement: you are a private individual and have applied for discharge of residual debt. On request, a lawyer can be appointed for you if representation is needed.

Step by step

Apply for deferralTogether with the insolvency and discharge applications, with proof of income and assets.
No ground for refusal may existNo exclusion under § 290 Abs. 1 Nr. 1 InsO.
Clarify the amount with adviceAdvice centres and the court advise on instalments and repayment; this page gives no fixed amounts.

Deadlines

No fixed amount stated

Deferral if assets are not expected to cover the procedure costs; repayment only on court order.§ 4a Abs. 1 und 3 InsO

Watch out – common mistakes

Deferral does not rule out a duty to repay later on court order (§ 4a Abs. 3 InsO).
Interest-free loans to cover the procedure costs are excluded from discharge of residual debt (§ 302 InsO).
After the proceedings are terminated, the court can extend the deferral and order instalment payments; the instalments can be adjusted later (§ 4b InsO).
If you do not apply for discharge of residual debt, you cannot use the deferral.
Legal advice assistance (Beratungshilfe) under § 1 BerHG: own contribution of €15 (Nr. 2500 VV RVG), only where no other reasonable help exists (§ 1 Abs. 1 Nr. 2 BerHG). With free debt counselling that is usually the case.

In depth · legal basis, figures and practice – for advisers and professionals

Requirements

Under § 4a Abs. 1 InsO, deferral is granted if the debtor is a natural person, has applied for discharge of residual debt and their assets are not expected to cover the procedure costs; it is excluded if there is a ground for refusal under § 290 Abs. 1 Nr. 1 InsO.

Appointment of a lawyer

Under § 4a Abs. 2 InsO, on request a lawyer willing to represent the debtor can be appointed if legal representation appears necessary.

Effect

The state treasury and the appointed lawyer can assert claims for remuneration against the debtor only after a court order (§ 4a Abs. 3 InsO).

After termination of the proceedings

After the insolvency proceedings are terminated, the deferral can be extended; the court then orders instalment payments and can adjust them later (§ 4b InsO).

Legal advice assistance

Legal advice assistance (Beratungshilfe) is governed by § 1 BerHG. The own contribution is €15 (Nr. 2500 VV RVG). It is only granted where no other reasonable help exists (§ 1 Abs. 1 Nr. 2 BerHG); with free debt counselling that is usually the case.

Who is responsible

Amtsgericht (local court) – insolvency court
Recognised debt counselling centre

Quick questions

Worum geht es bei „Procedure costs and deferral“?

If you cannot pay the procedure costs, the court can defer them (§ 4a InsO).

Which deadlines and figures matter?

No fixed amount stated: Deferral if assets are not expected to cover the procedure costs; repayment only on court order. (§ 4a Abs. 1 und 3 InsO)

What should I do first?

Apply for deferral: Together with the insolvency and discharge applications, with proof of income and assets.
No ground for refusal may exist: No exclusion under § 290 Abs. 1 Nr. 1 InsO.
Clarify the amount with advice: Advice centres and the court advise on instalments and repayment; this page gives no fixed amounts.

What do I need to watch out for?

Deferral does not rule out a duty to repay later on court order (§ 4a Abs. 3 InsO).
Interest-free loans to cover the procedure costs are excluded from discharge of residual debt (§ 302 InsO).
After the proceedings are terminated, the court can extend the deferral and order instalment payments; the instalments can be adjusted later (§ 4b InsO).

Evidence

Gesetze im Internet, InsO §§ 4a, 4b, BerHG § 1, retrieved 20 September 2026
Gesetze im Internet, InsO § 302, retrieved 20 September 2026
Gesetze im Internet, InsO § 290, retrieved 20 September 2026

As of

September 2026 · Sources and method

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