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Legal insolvency forms in Germany are the official documents required when an individual seeks to formally declare personal bankruptcy and apply for debt relief through the courts. This category covers the official consumer insolvency forms (Verbraucherinsolvenzverfahren) as prescribed under German insolvency law (InsO), including the primary application filed under § 305 InsO and its mandatory attachments — such as the personal information sheet, a certificate confirming the failure of an out-of-court settlement attempt, a full asset overview, a creditor and claims register, and a court debt restructuring plan. These documents are legally binding, and errors or omissions can lead to delays, requests for additional information, or even the dismissal of an application.
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About legal insolvency forms
These forms are typically needed by private individuals (consumers) who are no longer able to meet their financial obligations and wish to initiate formal insolvency proceedings at their local district court (Amtsgericht). They may also apply simultaneously for discharge of residual debt (Restschuldbefreiung) under § 287 InsO, which offers a path to a fresh financial start after a defined period. Given the legal weight of the declarations involved — including criminal and procedural consequences for false statements — accuracy and completeness are essential.
Because this form package is extensive and detail-intensive, tools like Instafill.ai use AI to help users fill out these documents accurately in under 30 seconds, pulling data directly from supporting documents and converting non-fillable PDFs into interactive, completable forms.
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How to Choose the Right Form
This category currently contains one comprehensive official form package — but it covers a lot of ground. Here's what you need to know to determine if it's the right fit for your situation.
Who This Form Package Is For
- Private individuals (consumers) in Germany who are unable to pay their debts and wish to formally open personal insolvency proceedings (*Verbraucherinsolvenzverfahren*) at their local insolvency court (*Amtsgericht*).
- People who also want to apply for discharge of remaining debts (*Restschuldbefreiung* under § 287 InsO) as part of the same process.
- This package is not intended for self-employed persons, freelancers, or businesses — those cases require different insolvency procedures.
What's Included in the Package
The Eigenantrag Verbraucherinsolvenz (§ 305 InsO) mit Anlagen 1–7 is a multi-part submission that includes:
- Personalbogen — personal identification details
- Bescheinigung über das Scheitern des außergerichtlichen Einigungsversuchs — proof that out-of-court debt settlement failed (mandatory before filing)
- Vermögensübersicht/-verzeichnis — full overview of your assets
- Gläubiger- und Forderungsverzeichnis — list of all creditors and outstanding claims
- Schuldenbereinigungsplan (General and Special sections) — a proposed debt repayment plan for the court
Before You Start
- Make sure you have already attempted an out-of-court settlement with your creditors — the court requires proof this failed.
- Gather all financial documents: bank statements, debt letters, payslips, and asset records.
- Be aware that incomplete or contradictory information can delay your case, trigger follow-up requests, or cause your application to be treated as withdrawn.
Filling It Out
This form package is complex and legally sensitive. Using an AI-assisted service like Instafill.ai can help you transfer data from your documents accurately and ensure all required fields are completed — reducing the risk of costly errors.
Form Comparison
| Form | Purpose | Who Files It | When to Use |
|---|---|---|---|
| Formulare für das Verbraucherinsolvenzverfahren und das Restschuldbefreiungsverfahren (amtliche Fassung 1/2021, seit dem 31. Dezember 2020 geltende Fassung) – Eigenantrag Verbraucherinsolvenz (§ 305 InsO) mit Anlagen 1–7 | Apply for personal insolvency and optional debt discharge in Germany | Private individuals (consumers) unable to repay debts | After failed out-of-court debt settlement attempt |
Tips for legal insolvency forms
The consumer insolvency application (Eigenantrag) is only valid when submitted together with all required annexes, including the Personalbogen, the certificate of failed out-of-court settlement, asset overview, and creditor/claims list. Missing even one annex can cause the court to treat your application as withdrawn. Double-check the complete package before submission.
Figures and personal details entered in one part of the form — such as income, debts, or asset values — must match exactly across all related sections and annexes. Contradictions or discrepancies are a common reason for delays, follow-up requests, or rejection. Review the entire package as a whole, not section by section in isolation.
Before filling out a single field, collect bank statements, pay slips, creditor correspondence, loan agreements, and any existing debt settlement documents. Having these on hand prevents guesswork and ensures accurate figures in the asset overview and creditor list. Incomplete or estimated figures can lead to legal complications, as declarations of accuracy carry criminal and procedural consequences.
German insolvency law requires proof that an out-of-court debt settlement attempt was made and failed before you can file for consumer insolvency. The certificate confirming this failure (usually issued by a recognized debt counseling agency) is a mandatory annex. Do not skip or rush this step, as the court will not accept the application without it.
AI-powered tools like Instafill.ai can complete complex insolvency form packages in under 30 seconds by extracting data directly from your uploaded documents, reducing the risk of manual entry errors. Even non-fillable PDF versions of official forms can be converted into interactive, fillable formats. Your data stays secure throughout the process, making it a practical time-saver when dealing with this multi-part form package.
Every creditor must be listed with their full name, address, and the exact outstanding amount owed — including interest or fees where known. Omitting creditors or underreporting amounts can have serious legal consequences and may jeopardize your application for discharge of remaining debts (Restschuldbefreiung). Use official account statements to verify every figure.
The court-supervised debt repayment plan (Schuldenbereinigungsplan) included in the form package has both a General Part and a Special Part, each with specific requirements. A realistic and well-structured plan increases the likelihood of creditor acceptance and a smooth process. Seek guidance from a certified debt counseling service (anerkannte Schuldnerberatung) if you are unsure how to structure it.
The insolvency application includes signed declarations confirming that all information provided is complete and truthful. Knowingly providing false or incomplete information can have criminal consequences in addition to procedural ones. Treat every field as legally significant and never leave items blank without indicating 'not applicable' where the form allows it.
Frequently Asked Questions
Legal insolvency forms are official documents used by individuals or businesses to formally initiate insolvency proceedings through a court. In Germany, consumer insolvency forms (Verbraucherinsolvenzformulare) are specifically designed for private individuals (consumers) who are unable to meet their financial obligations and wish to apply for debt relief through the Insolvenzgericht (insolvency court). Anyone seeking to legally restructure or discharge their debts under German insolvency law (InsO) will need to complete these forms.
The Verbraucherinsolvenzverfahren is a simplified insolvency process available to private consumers in Germany under § 305 of the Insolvenzordnung (InsO). It allows individuals — rather than businesses — to apply to their local Amtsgericht (district court acting as insolvency court) for the opening of insolvency proceedings. The process typically also includes an application for discharge of remaining debts (Restschuldbefreiung), which can give the debtor a financial fresh start after a set period.
The official form package includes several mandatory attachments (Anlagen 1–7), such as a personal data sheet (Personalbogen), a certificate proving that an out-of-court debt settlement attempt has failed, a statement of assets and liabilities, a list of creditors and claims, and a court debt restructuring plan (Schuldenbereinigungsplan) with both a general and a specific section. All attachments must be submitted together with the main application, as missing documents can lead to delays or the application being treated as withdrawn.
Yes, under German insolvency law (§ 305 InsO), consumers are generally required to make a serious attempt to reach an out-of-court agreement with their creditors before filing with the court. A recognized debt counseling agency or qualified professional must issue a certificate (Bescheinigung) confirming that this out-of-court settlement attempt has failed. This certificate is a mandatory attachment to the insolvency application and must be included when submitting the forms.
Completed consumer insolvency forms must be submitted to the Amtsgericht (district court) that has jurisdiction as the Insolvenzgericht for your place of residence in Germany. The specific court depends on your registered address, and you should verify the competent court before filing. Some courts may also accept electronic submissions, but requirements can vary by jurisdiction.
Incomplete or contradictory information in the insolvency forms can cause significant problems, including delays, requests for additional information, or in serious cases, the application being treated as withdrawn. Declarations about the accuracy and completeness of the information also carry legal weight — providing false information can have criminal and procedural consequences. It is therefore essential to fill out all sections carefully and include all required attachments.
Yes, the official form package allows you to simultaneously apply for Restschuldbefreiung (discharge of remaining debts) under § 287 InsO alongside your insolvency application. This is optional but strongly recommended for most consumers, as it provides the legal basis for a debt discharge after the insolvency proceedings are completed. The application for Restschuldbefreiung is included within the same set of official forms.
The official forms are published by German authorities in PDF format, but not all versions are natively interactive or easily fillable on screen. Some PDFs may be non-fillable scanned documents. AI-powered services like Instafill.ai can convert even non-fillable PDFs into interactive, fillable forms, making the process significantly more accessible for users who want to complete the forms digitally.
Yes, AI tools like Instafill.ai can help you fill out legal insolvency forms quickly and accurately by extracting relevant data from your source documents — such as bank statements, creditor letters, or personal ID — and automatically placing the information into the correct fields. This can reduce the time needed to complete a complex multi-part form package from hours to under 30 seconds for the data entry portion. Using AI assistance can also help minimize errors caused by manual data entry.
Manually completing the full consumer insolvency form package — including all seven attachments — can take several hours due to the volume and complexity of the required information. However, AI-powered tools like Instafill.ai can extract and populate data from your existing documents in under 30 seconds, dramatically speeding up the form-filling process. You will still need to review the completed forms carefully before submission to ensure accuracy.
The amtliche Fassung 1/2021 refers to the official version of the consumer insolvency forms that has been valid since December 31, 2020. It is important to always use the currently valid official version when filing, as courts may reject applications submitted on outdated forms. You should verify with the relevant court or official sources that you are using the most up-to-date version before submitting your application.
In Germany, it is not strictly mandatory to hire a lawyer to file consumer insolvency forms, and many people complete the process with the help of recognized debt counseling agencies (anerkannte Schuldnerberatungsstellen). However, given the legal complexity and the consequences of errors, professional guidance from a debt counselor, legal aid organization, or attorney is strongly recommended. These professionals can also issue the required certificate of failed out-of-court settlement.
Glossary
- Verbraucherinsolvenzverfahren
- The German consumer insolvency procedure, a simplified form of personal bankruptcy available to private individuals (non-self-employed consumers) who are unable to pay their debts. It is governed by the Insolvenzordnung (InsO) and begins with a mandatory out-of-court debt settlement attempt.
- Restschuldbefreiung
- Discharge of residual debt — the legal release of a debtor from remaining unpaid debts after completing the insolvency procedure. Under § 287 InsO, debtors can apply for this discharge, which is typically granted after a period of good conduct (Wohlverhaltensperiode).
- Eigenantrag
- A self-petition or voluntary petition for insolvency, filed by the debtor themselves (as opposed to a creditor filing). This is the standard starting point for consumer insolvency proceedings in Germany.
- Außergerichtlicher Einigungsversuch
- The mandatory out-of-court debt settlement attempt that must be undertaken before a consumer can file for insolvency. A certified debt counselor or lawyer must issue a certificate (Bescheinigung) confirming that this attempt has failed before the court will accept the insolvency application.
- Insolvenzordnung (InsO)
- Germany's Insolvency Code, the federal law governing all insolvency proceedings including consumer bankruptcy. Specific paragraphs such as § 305 (application requirements) and § 287 (discharge of debt) are directly referenced in the official forms.
- Amtsgericht (Insolvenzgericht)
- The local district court that acts as the insolvency court in Germany. Consumer insolvency applications must be submitted to the competent Amtsgericht in the debtor's jurisdiction, which oversees the entire proceedings.
- Schuldenbereinigungsplan
- A debt restructuring plan submitted as part of the insolvency application, proposing how the debtor intends to settle outstanding debts with creditors. It consists of a general part (Allgemeiner Teil) and a specific part (Besonderer Teil) and must be presented to creditors before court proceedings begin.
- Gläubiger- und Forderungsverzeichnis
- A mandatory schedule listing all creditors and the amounts owed to each of them. This document must be complete and accurate, as omitting creditors can have serious legal consequences and may jeopardize the debt discharge.
- Vermögensübersicht/-verzeichnis
- A full inventory and overview of the debtor's assets, including property, bank accounts, vehicles, and other valuables. This attachment to the insolvency application is used by the court and insolvency administrator to assess the debtor's financial situation.
- Wohlverhaltensperiode
- The 'good conduct period' following the opening of insolvency proceedings, during which the debtor must meet certain obligations (such as seeking employment and surrendering attachable income) to qualify for final discharge of remaining debts.