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Insolvency forms are the official legal documents required to formally initiate debt relief proceedings through the courts. In Germany, individuals facing unmanageable personal debt must submit a structured set of official forms — known as the Verbraucherinsolvenzverfahren forms — to their local insolvency court (Amtsgericht) to apply for the opening of insolvency proceedings and, where applicable, discharge of remaining debts (Restschuldbefreiung). These forms cover everything from a personal profile and asset overview to a creditor and claims register, a debt restructuring plan, and a declaration of assignment of future income.
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About insolvency forms
These forms are typically needed by private individuals (consumers) who have exhausted out-of-court settlement attempts and are seeking a legally structured path out of debt. Because incomplete or incorrect submissions can be treated as withdrawn, and false statements can carry serious legal consequences including denial of debt discharge, accuracy is critical. Anyone working through this process — whether independently or with the help of a debt counselor — needs to approach these documents carefully.
Given how complex and lengthy these form packages can be, tools like Instafill.ai use AI to help fill them out accurately in under 30 seconds, and can even convert non-fillable PDF versions into interactive, completable forms — a practical advantage when time and precision both matter.
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How to Choose the Right Form
If you've landed on this page, you're likely a private individual in Germany facing serious debt and looking for a way to formally begin insolvency proceedings — or seeking discharge from remaining debts (*Restschuldbefreiung*). Here's what you need to know to get started.
There Is One Comprehensive Form Package for Consumer Insolvency
This category currently features one official form set:
- Formulare für das Verbraucherinsolvenzverfahren und das Restschuldbefreiungsverfahren (Amtliche Fassung 1/2021) — This is the official German court form package required by private individuals (*Verbraucher*) to file for personal insolvency at the competent *Amtsgericht* (insolvency court).
Who Should Use This Form Package?
- Private individuals (consumers) overwhelmed by personal debt who cannot reach an out-of-court settlement with creditors
- Anyone seeking discharge of remaining debts (*Restschuldbefreiung*) after completing insolvency proceedings
- Applicants who have already obtained a certificate of failed out-of-court settlement (*Anlage 2*) from a recognized debt counseling service
What's Included in the Package?
The package is extensive and covers every stage of the process:
- Main application (*Eröffnungsantrag / Hauptblatt*)
- Personal information sheet (*Anlage 1 – Personalbogen*)
- Failed settlement certificate (*Anlage 2*)
- Assignment declaration (*Anlage 3 – Abtretungserklärung*)
- Asset overview and inventory (*Anlage 4 & 5*)
- Creditor and claims list (*Anlage 6*)
- Debt restructuring plan (*Anlage 7*)
Important Warnings Before You Begin
- Incomplete forms may be treated as withdrawn by the court
- Incorrect statements can lead to criminal consequences and denial of debt discharge
- Consider using AI-assisted tools like Instafill.ai to fill out these complex forms accurately and completely
If you are a business owner or self-employed person, note that this package applies specifically to *consumer* insolvency — you may need to consult a legal professional about commercial insolvency proceedings.
Form Comparison
| Form | Purpose | Who Files It | When to Use |
|---|---|---|---|
| Formulare für das Verbraucherinsolvenzverfahren und das Restschuldbefreiungsverfahren (Amtliche Fassung 1/2021) | Apply for personal insolvency and discharge of remaining debts | Private individuals (consumers) unable to pay debts | When out-of-court debt settlement has failed |
Tips for insolvency forms
Before starting any insolvency form, collect all relevant documents: bank statements, wage slips, loan agreements, tax assessments, and a complete list of creditors with their addresses and claim amounts. Having everything on hand prevents interruptions mid-form and reduces the risk of missing critical information. Incomplete submissions can be treated as withdrawn by the court.
The creditor and claims register (Gläubiger- und Forderungsverzeichnis) must be exhaustive. Omitting creditors, even for small amounts, can jeopardize your application and potentially your discharge from remaining debts (Restschuldbefreiung). Double-check credit bureau reports and old correspondence to ensure no debt is overlooked.
Providing inaccurate or incomplete information about your assets, income, or property in the Vermögensübersicht and Vermögensverzeichnis can have serious legal consequences, including criminal liability and denial of debt discharge. When in doubt, include an item and add an explanatory note rather than leaving it out.
Before filing with the insolvency court, you must obtain a certificate confirming that an out-of-court settlement attempt has failed (Anlage 2 — Scheiternsbescheinigung) from a recognized debt counseling service or lawyer. This step can take weeks, so initiate it as early as possible to avoid delays in your overall filing timeline.
The German consumer insolvency form package is extensive, spanning multiple annexes with dozens of fields. AI-powered tools like Instafill.ai can complete these forms in under 30 seconds with high accuracy, and your data remains secure throughout the process. This is especially valuable when dealing with multiple annexes simultaneously, saving hours of manual work.
Consumer insolvency applications must be submitted to the correct local court (Amtsgericht/Insolvenzgericht) — typically the one responsible for your place of residence. Filing at the wrong court will cause delays, so verify jurisdiction before submitting your completed forms.
Always retain a complete, dated copy of your entire form package before submission. Courts may request clarifications or additional documents, and having your own records ensures you can respond quickly and consistently. Store copies securely, as these documents contain sensitive personal and financial information.
The court-based debt adjustment plan (Schuldenbereinigungsplan, Anlage 7) must be realistic and clearly structured to have any chance of acceptance by creditors. Base proposed repayment amounts strictly on your verified disposable income, and avoid overpromising — an unworkable plan will be rejected and delay your proceedings.
Frequently Asked Questions
These are official German court forms required by private individuals (consumers) who wish to file for personal insolvency and apply for discharge of remaining debts (Restschuldbefreiung) under the German Insolvency Act (InsO). They must be submitted to the competent local court (Amtsgericht/Insolvenzgericht) in your jurisdiction. Employees, self-employed individuals with manageable debts, and other private persons facing insolvency typically use these forms.
The official form package (Amtliche Fassung 1/2021) includes the main opening application, a personal data sheet (Anlage 1), a certificate confirming the failure of an out-of-court debt settlement attempt (Anlage 2), an assignment declaration (Anlage 3), an asset overview (Anlage 4), a detailed asset inventory with supplementary sheets (Anlage 5), a creditor and claims list (Anlage 6), and a debt restructuring plan for court proceedings (Anlage 7).
Yes, German law generally requires that you first make a serious attempt to reach an out-of-court debt settlement with your creditors before filing for consumer insolvency. If that attempt fails, a recognized debt counseling agency or attorney must issue a certificate confirming the failure (Anlage 2), which must be included with your court application. Without this certificate, your application may not be accepted.
Incomplete applications can be treated as withdrawn under German insolvency law, which means your case may not proceed. Providing false or misleading information can have serious consequences, including criminal liability and denial of the discharge of remaining debts (Restschuldbefreiung). It is therefore critical to fill out every section accurately and completely.
The completed forms must be submitted to the Insolvenzgericht (insolvency court) at the Amtsgericht responsible for your place of residence. Each German federal state may have slightly different local procedures, so it is advisable to check with the specific court in your district for submission requirements, including whether electronic or paper filing is accepted.
Yes, AI-powered tools like Instafill.ai can fill out these complex German insolvency forms in under 30 seconds by accurately extracting and placing your data from source documents. This is especially helpful given the large number of attachments and supplementary sheets involved in the form package. Instafill.ai can also convert non-fillable PDF versions of these forms into interactive, fillable documents.
With AI tools like Instafill.ai, the data extraction and form-filling process can be completed in under 30 seconds, compared to the hours it might take to fill out these lengthy forms manually. The AI accurately maps your personal, financial, and creditor information to the correct fields across all sections and annexes of the form package.
While it is not always legally mandatory to have a lawyer, German consumer insolvency proceedings are complex and involve multiple forms and legal requirements. A recognized debt counseling agency (Schuldnerberatung) or attorney is typically needed at minimum to issue the required certificate of failed out-of-court settlement (Anlage 2). Professional guidance is strongly recommended to avoid errors that could jeopardize your application.
Restschuldbefreiung (discharge of remaining debts) is a legal mechanism in Germany that allows individuals to be freed from their remaining debts after successfully completing the insolvency process and fulfilling their obligations during the good conduct period. The application for Restschuldbefreiung is included within the consumer insolvency form package and is submitted together with the opening application to the insolvency court.
Yes, the forms in the official 1/2021 edition are standardized federal forms (amtliche Formulare) prescribed under German law and are valid for use at insolvency courts throughout Germany. However, individual courts may have specific local submission procedures or additional requirements, so it is worth confirming the process with your local Amtsgericht.
You will generally need a comprehensive overview of your assets (property, savings, vehicles, valuables), a full list of all creditors and the amounts owed to each, documentation of your income and expenses, and details of any recent financial transactions. Having bank statements, loan agreements, and correspondence with creditors on hand will make completing the asset inventory (Anlage 5) and creditor list (Anlage 6) significantly easier.
Yes, some versions of these official German insolvency forms are distributed as non-fillable PDFs, which can be difficult to complete digitally. AI-powered services like Instafill.ai can convert these static PDFs into interactive, fillable forms, allowing you to type directly into the fields and complete the forms efficiently without printing them out.
Glossary
- Verbraucherinsolvenzverfahren
- The German consumer insolvency procedure, a simplified bankruptcy process available exclusively to private individuals (non-self-employed consumers) who are unable to pay their debts. It is governed by the Insolvenzordnung (InsO) and must be initiated using official court forms.
- Restschuldbefreiung
- Discharge of remaining debts — the legal relief granted at the end of the insolvency process that releases the debtor from all remaining unpaid obligations. After a defined good-conduct period, the court can declare the debtor free of their residual debts.
- Insolvenzordnung (InsO)
- Germany's primary insolvency law that governs all bankruptcy and debt relief proceedings. It defines the rules, procedures, and eligibility requirements for both consumer and business insolvency cases.
- Außergerichtlicher Einigungsversuch
- The mandatory out-of-court debt settlement attempt that must be undertaken before filing for consumer insolvency. A certified debt counseling agency must confirm in writing (Anlage 2) that this attempt has failed before the court will accept the insolvency application.
- Schuldenbereinigungsplan
- A formal debt repayment plan submitted to creditors as part of the insolvency process, proposing how the debtor intends to settle outstanding debts. If creditors reject the out-of-court plan, a court-based plan (Anlage 7) is submitted to the Insolvenzgericht.
- Amtsgericht (Insolvenzgericht)
- The local district court that acts as the insolvency court and has jurisdiction over consumer bankruptcy cases. All official insolvency forms must be submitted to the competent Amtsgericht in the debtor's district.
- Abtretungserklärung
- A declaration (Anlage 3) in which the debtor assigns their attachable income to the insolvency trustee or creditors for the duration of the good-conduct period. This assignment is a prerequisite for obtaining debt discharge.
- Pfändungsfreigrenze
- The legally protected minimum income threshold below which a debtor's earnings cannot be seized by creditors or the insolvency estate. Income above this threshold may be subject to attachment and distribution to creditors.
- Insolvenzverwalter
- The court-appointed insolvency administrator (trustee) who manages the debtor's assets, reviews creditor claims, and oversees the distribution of the insolvency estate during the proceedings.
- Wohlverhaltensperiode
- The 'good conduct period' — currently three years in Germany — during which the debtor must meet specific obligations (such as income assignment and reporting duties) in order to qualify for final discharge of remaining debts.