Germany
Maximilianstr. 280539 München
Germany+49 89 4444 373-20
Kanzlei Verbracken & Partner
Tort claims and discharge of debt
A damages claim can be treated differently from an ordinary contractual debt. Legal basis, intent, procedural rules and the relevant country are decisive.
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The German exception under section 302 InsO
In Germany, liabilities arising from intentional torts are excluded from discharge subject to section 302 InsO. Creditors must file the specific legal basis accordingly. Merely calling a claim tort-based does not replace proof of the facts supporting it.
Filing, objection and judgments
Review the proof of claim, insolvency table entry and existing judgments together. Challenging the legal basis differs from challenging the amount. Have court notices and deadlines assessed promptly by a lawyer. A criminal conviction and a civil judgment are also distinct.
Cross-border effects
For foreign proceedings, applicable insolvency law, recognition and specific exceptions must be examined together. A German exclusion implies neither identical treatment abroad nor guaranteed discharge there. We combine analysis of the claim with assessment of a realistic international option.
Your situation deserves a clear next step.
We assess your circumstances personally and involve the appropriate professionals for legal and tax questions.
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