Enforcement of insolvency
January 5, 2010 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
The following question
Can maintenance arrears be enforced by the job center (ARGE) during my insolvency (since 2007)? The arrears have accumulated after the insolvency. A "normal" creditor, even if not part of the insolvency estate, cannot enforce during the insolvency proceedings.
Can the job center (ARGE) enforce during the insolvency proceedings, for example through bank account or wage garnishment?
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions based on the description of the situation you provided:
Claims that arose before the opening of the insolvency proceedings, including maintenance claims, are not enforceable as so-called insolvency claims according to § 89 InsO.
However, a different principle generally applies to arrears that occurred after the opening of insolvency.
These claims arose after the opening of the insolvency proceedings and, according to § 40 InsO, do not belong to the insolvency claims. Therefore, they can be pursued independently of the insolvency proceedings and can be enforced against your assets that are not part of the insolvency estate (e.g. through account or wage garnishments).
It should be noted in this context, however, that as the obligor of maintenance, you have a self-retention of €900 as an employed person and €770 (both net) as an unemployed person. Only amounts exceeding these thresholds would generally be subject to enforcement.
Lastly, I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided about the situation. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can completely change the legal assessment.
I hope that my explanations have been helpful, even though I regret not being able to provide a more positive message. You are welcome to contact me through the follow-up option on this platform or via my email address.
I wish you a pleasant Tuesday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
