What happens after opening
When proceedings open, the insolvency administrator takes over the assets, and individual enforcement becomes inadmissible. Creditors pursue their claims only by filing them to the schedule (Tabelle) with the administrator — within the deadline set in the opening order.
Filing the claim
- with the administrator (increasingly via a creditor portal), in German, stating amount and legal ground,
- with evidence: contracts, invoices, records, correspondence,
- late filing is possible but costs a fee and carries risks,
- if the administrator disputes the claim, a declaratory action remains.
What else to watch
We check securities (retention of title allows you to reclaim your goods), set-off positions — and the clawback risk (Insolvenzanfechtung): the administrator can demand the return of payments you received before the insolvency. Never pay on such letters unchecked — the claims are often inflated and negotiable.
Warning signs
Act before the insolvency, not after
Payment delays, instalment requests, changes in management — that is the moment to secure claims. After opening, quotas for unsecured creditors are often symbolic.
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