February 2010


43.1.1 Introduction

This Chapter provides information and advice on issues of a practical nature when dealing with a bankrupt’s affairs (particularly, assets) in Germany. 

Chapter 43.0 covers those areas common to all “international” bankruptcies (such as gaining recognition of the bankruptcy order in another country and the legal basis on which the official receiver, as trustee, is able to deal with assets in overseas).

Before proceeding with the administration of a bankruptcy estate where there is a material connection with Germany, the official receiver should read Part 5 of Chapter 41 and Part 2 of Chapter 43.0 concerning the concept of the centre of main interests (often referred to as “COMI”) and consider whether the bankruptcy order has been correctly made in England and Wales. Part 1 of this chapter gives Germany-specific information to assist in making this decision.


The chapter is divided into the following parts:

Part 1 – Country-specific advice when investigating the COMI of an individual with a connection to Germany (paragraphs 43.1.2 to 43.1.8)

Part 2 – Dealing with real property in Germany (paragraphs 43.1.9 to 43.1.30)

Part 3 – Dealing with a German pension (paragraphs 43.1.31 to 43.1.44)

Part 4 – Dealing with a motor vehicle in Germany (paragraphs 43.1.45 to 43.1.50)

Part 5 – Sundry matters:

Agents (paragraph 43.1.51)

Advertising (paragraphs 43.1.52 to 43.1.55)

Taxation (paragraphs 43.1.56 to 43.1.60)

Disclaimers (paragraph 43.1.61)

Secondary/territorial proceedings opened in Germany (paragraph 43.1.62)

Child maintenance (paragraphs 43.1.63 to 43.1.64)

Shares (43.1.65 to 43.1.73)

Data protection (43.1.74)


The chapter contains the following annexes:

Annex A1 – Letter (in German) asking creditors for information about bankrupt’s move to UK

Annex A2 – English version of Annex A1

Annex A3 – Letter (in German) requesting copy of bankrupt’s residency certificate

Annex A4 – English version of Annex A3

Annex A5 – Letter (in German) explaining annulment to bankrupt’s German creditors

Annex A6 – English version of Annex A5

Annex A7 – Letter (in German) explaining why bankruptcy proceedings have been opened in the UK

Annex A8 – English version of Annex A7

Annex B1 – Modified MP2 letter (in German)

Annex B2 – Modified MP3 letter (in German)

Annex B3 – English version of Annex B1

Annex B4 – English version of Annex B2

Annex B5 – Letter to German Land Registry (in German) to request registration of bankruptcy

Annex B6 – English version of Annex B5

Annex B7 – Letter (in German) to German court asking them to note official receiver’s interest where property being sold by chargeholder

Annex B8 – English version of Annex B7

Annex B9 – Letter (in German) requesting inspection of German land register

Annex B10 – English version of Annex B9

Annex B11 – List of German Courts/Land Registries

Annex B12 – Letter (in German) seeking chargeholder’s agreement to OR selling property

Annex B13 – English version of Annex B12

Annex B14 – List of German conveyancing solicitors

Annex C1 – Proforma letter to bankrupt enclosing pension qualifying agreement

Annex C2 – Proforma letter to pension provider enclosing pension qualifying agreement (in German)

Annex C3 – English version of Annex C2

Annex D1 – Letter (in German) to request information from German finance company

Annex D2 – English version of Annex D1

Annex D3 – Letter (in German) informing finance company of official receiver’s decision not to adopt finance agreement

Annex D4 – English version of Annex D3

Annex E – Vacant

Annex F1 – Letter (in German) to German court requesting that they publish details of bankruptcy

Annex F2 – English version of Annex F1

Annex G1 – Document (in German) to be sent when serving disclaimer to explain disclaimer process to interested parties in Germany

Annex G2 – English version of Annex G1

Annex H1 – Letter (in German) to German insolvency administrator following opening of secondary or territorial proceedings

Annex H2 – English version of Annex H1

Annex I – German data protection disclosure authority

Annex J – NTASS (life policy enquiry letter) in German

Annex K1 – German bank letter

Annex K2 – English version of Annex K1


The following abbreviations are used in this chapter:

COMI – centre of main interests



[On to Part 1 – Country-specific advice when investigating the COMI of an individual with a connection to Germany]