Revocation of Bankruptcy

Revocation of bankruptcy and closure following completion of liquidation are different legal situations. Subsequent payment by the debtor or agreement with creditors may affect which procedure becomes relevant. The current stage of the bankruptcy file and requests of relevant persons must be reviewed.

When Is Revocation of Bankruptcy Considered?

The statutory conditions for revocation must be assessed with concrete grounds such as payment of debts, creditors' circumstances, or a connection with concordat. The deciding authority and documents required must be considered separately from appellate review of the bankruptcy order. Requesting revocation and giving an explanation to the liquidation body are not the same action.

For example, while the debtor claims all debts have been paid, the estate may still contain claims whose admission is disputed. A complete picture cannot be established without their records and court decisions. How earlier liquidation expenses were covered is also part of preparation; correctly distinguishing revocation from closure clarifies the application.

Examine the Remedy and the Stage of the File Together

Payment to one or several creditors may not establish every condition. Claim registrations, expenses, and other right holders' positions must be checked. The effects of revocation on the debtor, creditors, and liquidation actions already taken must be examined according to the order's scope. An entry in the trade registry alone cannot establish that the entire file is concluded.

Documents to Prepare for the Initial Review

• The bankruptcy order and liquidation file information
• The creditor list and current distribution schedule
• Payment, reconciliation, and expense documents
• Any concordat or other court decisions

Before requesting revocation, compare the current creditor list, payment documents, and liquidation expenses with the decisions in the file.

Submit Your Matter