Fehleinschätzungen bei der Eröffnung von Insolvenzverfahren

German insolvency law recognizes different types of procedures. In addition to the regular insolvency proceedings, the consumer insolvency procedure is applicable for natural persons. Estate proceedings are initiated according to Sections 315 et seq. of the Insolvency Act (InsO). Furthermore, Sections 343 et seq. of the InsO and the European Insolvency Regulation (EuInsVO) govern the local jurisdiction for proceedings with an international connection. When filing for insolvency, there is no option regarding the type of procedure or the competent court. The appropriate type of procedure is determined by the legal provisions of the Insolvency Act and the identity of the debtor. This work examines the effects of procedures that were initiated in the objectively incorrect type of procedure or by a nationally or internationally incompetent court.