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Coping, therapiers, tips... : Private insolvency file refusal residual debt? (Page 2)

Topic created on 02nd Feb. 2020 | Page: 2 of 4 | Answers: 33 | Views: 15,679
Mammon
Amateur

Private insolvency file refusal residual debt?

9th Feb. 2020, at 10:06 pm CET#11
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Massakaplayer wrote on 09.02.2020 at 19:08: Hello Mammon,

Thank you for your contribution! That work is still worth it I fully agree with you. But I prefer not to have peace from the creditors if a better agreement can be reached than the private insolvency. Since it is very likely that it will not come to the residual Debt discharge (there is only one request from the creditor and I break) I will propose a settlement through lawyers. I do not want to talk the Caritas badly only I have read much that these and other debtor consultations with the extrajudicial settlement do not hang themselves correctly purely and suggest the private insolvency anyway as the best solution. I do not believe that almost 11,000 € in costs for the court proceedings and the insolvency administrator can be deferred. There the state collects again properly. Unfortunately, I do not want the taxes should be enough. Private insolvency is the simple more expensive solution. This seems to me like the next debt trap. I will probably go to lawyers I keep you guys up to date. Maybe this thread will add value for similar cases

Kind regards

How do you come up with 11000€ in court costs? Isn't the pricing also about the number of creditors and the existing insolvency estate
Do you also have debts with father state? These are definitely not exempt from residual debt. The same applies to social security contributions.

Furthermore, now more and more reminder notices will come in as you say. You start to move money back and forth to pay a little here and there. But the small amounts add up and you are already above your income.
Wage garnishments you can also not divide among too many creditors. And so they garnish your account. unless you have a garnishment protection account.

If you do not increase your income rapidly, only insolvency will remain. And if you are still unlucky, insolvency delay is added

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Massakaplayer
Visitor

Private insolvency file refusal residual debt?

10th Feb. 2020, at 12:07 am CET#12
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Hello Mammon,

i come to the almost 11,000€ by a reliable private insolvency calculator. That is not exactly 11,000€ but with the cost is to be reckoned with the and the number of gläubern etc. everything I have entered.

Wrong I push nothing, because that would be unfair to the creditors. If creditor A gets money and creditor B does not, then creditor B is not willing to settle with me. Rightly so. They know that when it comes to the settlement and that would come across badly. In the settlement, everyone must be included and then you set an installment that is paid monthly and fairly distributed to all creditors. Isn't that much better?

LG

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Cheeseburger
Experienced

Private insolvency file refusal residual debt?

10th Feb. 2020, at 02:40 am CET#13
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The main thing is that you have a garnishment protection account. So that you have money to live on. Without this protection, they take all the money they don't give a damn whether you have anything to eat. Second step go to a Debt counseling, on your own will never what.
And third: Stay relaxed. Collection agencies don't have any special rights and can't do anything to you. The only thing you have to react to are letters from the courts.

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gamble1
Icon

Private insolvency file refusal residual debt?

10th Feb. 2020, at 02:25 pm CET#14
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One should also add that you have enough time to react

1) reminder
2) reminder
3) reminder
4) Collection
5) Collection reminder
6) Collection reminder
7) Collection reminder
8) court reminder
8) court reminder
9) Court reminder
10) Court enforcement
11) Bailiff
12) Installment payment with bailiff e.b

All this happens over months or even longer, so you have a long time to save or to regulate everything

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Kleinkariert
Expert

Private insolvency file refusal residual debt?

11th Feb. 2020, at 01:02 pm CET#15
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gamble1 wrote on 10.02.2020 at 14:25: You should also add that you have enough time to respond

1) reminder
2) reminder
3) reminder
4) Collection
5) Collection reminder
6) Collection reminder
7) Collection reminder
8) court reminder
8) court reminder
9) Court reminder
10) Court enforcement
11) Bailiff
12) Installment payment with bailiff e.b

All this happens over months or even longer, so you have a long time to save or to regulate everything

It can also be that only one reminder is sent. 2-3 reminders are common in practice but one is already enough.

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gamble1
Icon

Private insolvency file refusal residual debt?

11th Feb. 2020, at 03:53 pm CET#16
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Kleinkariert wrote on 11.02.2020 at 13:02
It can also be that only one reminder is sent. 2-3 reminders are common in practice but one is already enough.

Of course, this can also be but usually all creditors are interested in an amicable solution, which is why they prefer to send 1-2 reminders more

but basically I agree with you

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Mammon
Amateur

Private insolvency file refusal residual debt?

11th Feb. 2020, at 08:39 pm CET#17
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gamble1 wrote on 10.02.2020 at 14:25: You should also add that you have enough time to respond

1) reminder
2) reminder
3) reminder
4) Collection
5) Collection reminder
6) Collection reminder
7) Collection reminder
8) court reminder
8) court reminder
9) Court reminder
10) Court enforcement
11) Bailiff
12) Installment payment with bailiff e.b

All this happens over months or even longer, so you have a long time to save or to regulate everything

This is one of the worst things you can do, to think you have time. You don't have it!

He calculates with 11000€ insolvency costs. He says he has many creditors.

Let's assume 20 creditors. Each of them sends a letter. Every day a letter arrives. Sometime after the 15 letter he is annoyed and puts the mail unopened aside. Thus he loses the overview and the time is over in no time.

Then the first ones start to garnish the account, which he only notices when he doesn't get any money at the ATM because he doesn't open the mail and zack he can't serve anything anymore. In no time the bailiff is there, then the second and so on.

If he has debts to the state, they will declare him insolvent as soon as no more money comes in...

So to believe: One should also add that you have enough time to react ...... is an absuluter IRRglaube.

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Klempo77
Expert

Private insolvency file refusal residual debt?

11th Feb. 2020, at 10:30 pm CET#18
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I can only advise TE to apply for private insolvency. Many say banks are satisfied with an x amount, but they are not. At least 30% of the sum should be in it to come into negotiation

It is best to use a lawyer who is familiar with insolvency, then everything is quite painless
You only have to keep your feet still for 5 years (if you pay the court fees yourself, or 6 years if you don't) and not incur any further debts
And 5 years of calm are, in my opinion, better than opening the mailbox every week

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Massakaplayer
Visitor

Private insolvency file refusal residual debt?

27th Feb. 2020, at 01:31 am CET#19
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Hello dear forum,

i have now made an appointment with the Debt counseling with Caritas on 25.03. In the meantime, two garnishment orders in the amount of almost 600 € arrived and that should be the small beginning before the big storm. Therefore, I have now written to my bank advisor he should convert my account into a P-Konto and cancel the Dispo. I'm curious whether he comes to the please with the Dispo away and debit in installments from the account

Dear friends I have thought a lot and if you handle the garnishment-free money correctly in the private insolvency, then it should be enough for a good life. Assumed one earns 2,200€ net of it then 1500€ remain to one over. With 1500€ one comes easily over the "rounds". I hope to find a WG, then the cost of the rent is already huge and you live with other people together is also a beautiful thing. I find in any case better than living alone.

What could be difficult is if one is in the private insolvency to find a job or an apartment, etc.. But I don't think that the whole world will suddenly turn against me. I think it will probably take several attempts and not everyone will make an exception. There are already fears there but you must not make yourself crazy.

What would be very good is if the private insolvency in Germany is shortened to 3 years and I hope also for those, which are already in the private insolvency then. Hopefully this change in the law will come into effect and it could supposedly be enforced by the beginning of next year.

Yes until then I do not hope to enforce a settlement with a law firm as I did in the beginning. I have read experience reports that the law firm that has specialized in it probably made a lot of advertising and just wanted to intercept the mass. During the negotiations they have then probably hardly used for the debtor, that does not sound so great. Let's see I hope Caritas can help me. The biggest hope is of course that I will not be denied the discharge of residual debt, because I hope that I will have paid something back, but who knows what the outcome will be. It's enough for me if I simply have the important things in life despite everything

I keep you up to date! Love greetings

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upola
Legend

Private insolvency file refusal residual debt?

27th Feb. 2020, at 09:03 am CET#20
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My brother has a private insolvency behind him.
He was left with 950 euros, not 1500.

This post has been translated automatically

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