What information is required for registration, which documents must be attached, and why it is mandatory but never the sole strategy.
After insolvency proceedings have been opened, you must register your claim; otherwise, you will not participate in the distribution. Registration is simple, but it is often incomplete or incorrectly categorized. Rogert & Ulbrich explains the process and shows what needs to happen simultaneously to ensure you receive more than just the allocated quota.
What the registration does and what it doesn't do
By registering your claim under Section 174 of the German Insolvency Code (InsO), you inform the insolvency administrator that you have a claim against the debtor. If your claim is recognized, it will be entered in the insolvency schedule, and you will participate in the distribution of the liquidated assets. Without registering your claim, you will receive nothing, even if your claim is undisputed.
The realistic scenario is as follows. Your claim is a simple insolvency claim under Section 38 of the German Insolvency Code (InsO) and, according to Section 187 InsO, will only be satisfied after the general examination hearing and after realization of assets. The recovery rate in many proceedings is in the low single-digit percentage range, and payment often only occurs after several years. This is exacerbated for campervan rental companies because often only a small portion of the vehicles are owned by the company, and these are also financed and transferred as security.
Nevertheless, registration is mandatory for three reasons:
- Participation in the distributionNo registration, no quota, even in the case of an unexpectedly positive outcome.
- Position as a participantBy registering, you become a party to the proceedings and gain access to reporting dates and information that is important for other claims.
- Securing the parallel pathsThe quota must not be abandoned until it is clear whether a chargeback, portal claim or liability claim will be successful.
Therefore, register even if you don't expect a significant response rate. Registration requires little effort and is a prerequisite for everything else in the process.
Finding the right time and the right procedure
Two mistakes regularly cause an application to fail. The first is the wrong timing, the second the wrong procedure.
Regarding timing: Claims are only filed after the insolvency proceedings have been opened, not during the preliminary proceedings. There are typically two to three months between the insolvency application and the opening of proceedings. According to Section 28 of the German Insolvency Code (InsO), the opening order includes a request to creditors to file their claims within a specific period. This period is not a cut-off date; a later filing is still possible under Section 177 of the InsO, but may incur additional costs. Therefore, please adhere to the deadline.
Regarding the procedure: What matters is which company you concluded the contract with, not the brand under which the offer was made. These two often differ in the camping industry.
- Determine debtorsThe full name of the company can be found on the booking confirmation, the purchase agreement or the invoice, not on the website.
- Research proceduresThe competent court, file number and administrator can be found via the official portal of insolvency announcements of the federal states.
- Note the brand changeIf a brand was acquired from a previous insolvency, multiple companies may exist. Registering it in the wrong process will not protect your rights.
- Contact the administratorMany property managers provide registration forms and an online portal. Using these is permitted and simplifies the process.
Before registering anything, first check who your contractual partner was. current procedures in the industry We have included this in our overview in the article Camping provider insolvent classified.
What information and documents are needed for registration
According to Section 174 Paragraph 2 of the German Insolvency Code (InsO), the basis and amount of the claim must be stated, and copies of the documents from which the claim arises must be attached. This is the legal minimum requirement; in practice, more is recommended.
- Your dataName, address, bank details for later payment and the file number of the proceedings.
- Reason for the demandA concise, comprehensible explanation. Example for renters: prepaid rental price for a motorhome rental, service not provided due to business closure, booking number and travel period. Example for buyers: paid purchase price for a motorhome that was not delivered, including vehicle identification number.
- AmountThe principal claim in euros, to the cent. Interest and costs accrued up to the commencement of proceedings can be listed separately. Interest accrued after the commencement of proceedings is subordinated according to Section 39 of the German Insolvency Code (InsO) and is practically disregarded.
- Evidence: Contract or booking confirmation, invoice, proof of payment or bank statements, correspondence regarding non-performance, in the case of purchases additionally vehicle documents and handover or custody documents.
- SignatureThe application must be submitted in signed form, unless an online portal of the administrator specifies otherwise.
Two points that are regularly forgotten. First: Submit only copies and keep the originals, especially the purchase contract and vehicle registration documents. Second: If the claim is based on an intentional tort, such as an allegation of fraud, this should be explicitly stated in the application. This has consequences for later legal options against the debtor and must be disclosed in the application according to Section 174 Paragraph 2 of the German Insolvency Code (InsO).
Submit your claim in full, including all supporting documents, as revisions will delay the review and lead to follow-up questions.
After registration: exam date, contestation and determination
Registration is not the end of the process. The administrator enters the claims into the table and comments on each item. The audit meeting determines which claims are accepted.
- recognitionIf the claim is not disputed, it is deemed established pursuant to Section 178 of the German Insolvency Code (InsO). The entry in the table has the same effect as a judgment against the debtor and all creditors.
- Dispute by the administratorIf the claim is disputed, you must pursue a declaratory judgment pursuant to Section 179 of the German Insolvency Code (InsO), usually by filing a declaratory judgment action. The time limit set by the court applies.
- Partial denialOften, only a portion of the amount is disputed, such as the interest or a claim for damages. In such cases, a decision must be made as to whether pursuing the disputed portion is economically worthwhile.
- Disputing the legal basisIf the classification as an intentionally committed tort is disputed, this does not affect the claim itself, but rather its classification. This, too, can be determined separately.
- Distribution of advance paymentsAccording to Section 187 of the German Insolvency Code (InsO), partial distributions can be made before the proceedings are concluded. Therefore, keep your bank details up to date and notify us of any changes of address.
Respond promptly to any objection, as the deadline for establishing the claim is short and failure to do so will result in the loss of participation for that amount.
Why registration should never be the sole strategy
The claim is directed against the insolvency estate, and the estate in proceedings within the camping industry is regularly small. Therefore, claims against third parties are economically crucial, and these are subject to their own deadlines, which are unrelated to the insolvency proceedings.
- chargebackFor SEPA direct debits, there is a deadline of eight weeks from the date of the debit. Credit card regulations apply, and payment services are subject to their respective buyer protection terms. These deadlines expire long before the legal proceedings are initiated.
- Booking portalIf a portal has outstanding booking fees, it is the first point of contact for claims arising from these bookings.
- InsurerIf a package tour was involved, the insurer will reimburse the travel price in accordance with § 651r BGB, insofar as services are cancelled.
- Financing bankIn the case of a linked contract, revocation and objections are directed against the bank in accordance with §§ 358, 359 of the German Civil Code (BGB).
- DisposalIf you have already acquired ownership of the vehicle, it does not belong to the insolvency estate. In that case, registration is not the correct course of action, but rather segregation according to Section 47 of the German Insolvency Code (InsO).
- People involvedIf payment was demanded even though insolvency had already occurred, claims against the management may be considered.
It is important to avoid double compensation. If a chargeback was successful, your loss is settled to that extent, and the registered claim should be corrected or withdrawn accordingly.
Please complete the registration and parallel processes simultaneously, not one after the other. We will address questions about payment methods and the bank in the relevant section. banking law, general questions about the vehicle in the traffic law.
Special cases: Vouchers, deposits, partial services and multiple items
Not every requirement can be written on a single line. In the camping industry, situations regularly arise that need to be addressed separately during registration.
- Vouchers and creditA voucher is a claim against the issuing company and must be registered as such. Provide the number, issue date, face value, and proof of purchase. If the trademark is subsequently acquired by another company, the voucher becomes invalid and must still be registered with the issuing company.
- DepositThe refund claim is a separate item and should be shown separately from the rental price. If the deposit was only pre-authorized on the credit card and never charged, there is no claim; the reservation expires automatically.
- Partially completed serviceIf the trip was started and then prematurely terminated, only the portion attributable to the unperformed service needs to be claimed. Provide a clear and comprehensible breakdown of the costs; otherwise, the claim will be disputed.
- Several legal groundsReimbursement claims, security deposits, and compensation for additional costs are separate items with different legal bases. List them individually with their own justifications and amounts, instead of stating a single sum.
- Multiple bookingsIf you have made multiple bookings, all bookings must be recorded in one registration, each with its own booking number and amount.
- Assignment or co-creditorIf the booking and payment were made jointly, it should be clarified who is filing the claim. Filing the same claim twice will lead to inquiries and delays.
Therefore, structure the application by item. A clearly itemized application is less likely to be disputed than a lump sum.
Rogert & Ulbrich – Your lawyers for claim filing and alternative legal proceedings
Rogert & Ulbrich represents consumers nationwide in insolvency, banking, and sales law. Attorneys Dr. Marco Rogert and Tobias Ulbrich and their team are familiar with the procedures in consumer proceedings involving many affected parties and the standards of review applied by insolvency administrators.
We determine which company your debtor is and in which legal procedure the claim should be filed. We then prepare the claim with complete documentation and correctly state the legal basis. If your claim is disputed, we will pursue its determination. Simultaneously, we ensure compliance with chargeback deadlines and examine the portal, insurer, financing bank, segregation of assets, and the liability of those responsible. If an out-of-court settlement cannot be reached, we will also represent you in court proceedings.
Your camping provider has gone bankrupt and you don't know where or how to register? Contact us without obligation and let us check your registration and alternative options together.
