📋 Good-conduct period and trustee
In brief
During the assignment period you must comply with certain duties. Otherwise the court can refuse the discharge of residual debt.
You must do suitable work or make an effort to find work. You hand half of any inheritance or gift to the trustee, and lottery winnings in full. You report a move or a change of employer immediately. You make payments to creditors only through the trustee.
Step by step
- Work or actively look for workDocument your applications.
- Report changes immediatelyResidence or workplace, to the court and the trustee.
- Report any inflow of assetsDo not conceal an inheritance, gift or winnings.
- Pay only to the trusteeNo preference for individual creditors.
Deadlines
- Breaches of these duties can lead to refusal of discharge of residual debt (§ 296 InsO is referred to in § 300).
- Minor gifts and prizes of low value are excluded (§ 295 InsO).
- Lottery winnings must be handed over in full.
- Concealing income is a typical ground for refusal.
In depth · legal basis, figures and practice – for advisers and professionals
Statutory duties (Obliegenheiten)
§ 295 InsO obliges the debtor to pursue suitable employment and, if without employment, to make an effort to find it. Property acquired by inheritance and gifts must be handed over at half their value, lottery winnings in full; minor benefits are excluded. A change of residence or employment must be reported without delay; on request, information must be given on efforts, income and assets. Payments to satisfy insolvency creditors go only to the trustee; no unreasonable liabilities.
Decision
Under § 300 InsO, after the assignment period ends the insolvency court decides on discharge of residual debt after hearing creditors, administrator and debtor; applications for refusal under §§ 290, 296, 297, 297a are possible, and the decision is publicly announced.
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