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Kanzlei Verbracken & Partner
Discharge of debts: what remains?
Discharge is a court-granted release from certain remaining liabilities. It is not a blanket cancellation of every claim. In Germany, the claim type, when it arose and your cooperation are particularly important to its effects.
Application and court decision
A discharge application forms part of preparing personal insolvency. A company does not receive personal discharge. Required disclosures and duties continue during proceedings. Expiry of a period alone does not replace the court decision, so review the final order and its actual scope.
Not every claim is covered
Section 302 InsO contains exceptions, including certain intentional harm, deliberately unpaid statutory maintenance and specified tax-offence situations. Fines also require separate treatment. Ordinary tax debt must therefore not be equated with debt involving criminal wrongdoing. The legal basis needs documentary assessment.
New debts and security
New debts are not automatically included in ongoing proceedings. Security rights and claims against guarantors or co-debtors may also survive. Discharge is therefore not equivalent to releasing a property or relieving family members. These effects need separate assessment from your personal liability.
If a creditor contacts you afterwards
Keep the order, creditor schedule and important correspondence. If payment is later demanded, assess when the claim arose, its type and the order’s effect. Do not ignore court documents. An existing discharge may be relevant but does not replace a timely response to a new notice.
Cross-border effects
Where debts involve several countries, jurisdiction, applicable law and recognition must be considered together. A foreign order is not blanket proof that every German claim has disappeared. We organise the documents and involve suitable professionals to assess the countries concerned.
Sources and legal foundations
Sources checked: 14 September 2026
Your situation deserves a clear next step.
We assess your circumstances personally and involve the appropriate professionals for legal and tax questions.