The insolvency statistics supplies information at monthly intervals on all insolvency proceedings by size of the debt as well as by federal Länder and for enterprises also by legal form, branch of economic activity, time of operation and employees, by reason for opening the proceedings and by petitioner. Furthermore, the outcome and the financial result of insolvency proceedings opened are reported about annually. Insolvencies of natural persons have been of specific importance since 1999 as the repayment of their residual debt may be waived after six years of good conduct in which the attachable portion of their income has to be paid to the creditors. Whether or not a discharge of the residual debt is granted is also examined statistically. Insolvency proceedings serve the purpose of distributing the property of an illiquid or overindebted debtor jointly among the creditors and, where possible, establish sound conditions. The legal provisions of that procedure have been laid down in the Insolvency Statute (InsO). It differentiates between standard insolvency proceedings used especially for enterprises, a simplified procedure for consumers and special types of insolvency proceedings for matters pertaining to decedents’ estates.
How is the insolvency statistics produced?
Two weeks after the end of the reference month, the insolvency courts submit the monthly information on insolvencies of enterprises and natural persons to the statistical offices of the Länder by means of schedules or electronically. At the Federal Statistical Office, the results for the Länder are compiled to obtain the federal result. The courts are moreover obliged to submit information to the statistical offices of the Länder two years after the year in which the proceedings had been opened, at the latest, on the manner in which the proceedings opened have been terminated, on the size of the claims determined and on the proceeds from the realisation of the insolvent’s property. In addition, it has to be reported after six years whether or not the residual debt has been discharged. The basis for compiling insolvency statistics is §39 of the "Second Law on the Amendment of the Introductory Law of the Judicature Act" (BGBL.I page 2398 of 15 December 1999).
When are the results of the insolvency statistics published?
First results are published monthly by means of a press release about two months after the end of the reference month. Moreover, detailed monthly data may be accessed via the publication service. The release calendar and the results are also accessible on the internet pages of the Federal Statistical Office.
How precise is the insolvency statistics?
The subject matter of the statistics are all proceedings opened by the insolvency courts, requests to open insolvency proceedings rejected for lack of assets and the debt settlement plans of the courts created for consumers. Not included are requests to open insolvency proceedings which, for instance, have been rejected by court or withdrawn by the creditors. This is the difference between the insolvency statistics and the statistics on the administration of justice. The figures are always final.
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