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Part 10 · Consumer insolvency proceedings › Section 307

Service on creditors

(1) The insolvency court serves on the creditors named by the debtor the plan for the settlement of debts, as well as the overview of assets, and at the same time requests the creditors to comment on the records specified in section 305 (1) no. 3 and the plan for the settlement of debts within a period of one month; the creditors are to be informed that the records have been deposited at the insolvency court for inspection. At the same time, with express reference to the legal consequences of section 308 (3) sentence 2 each creditor is to be given the opportunity to examine the information on his or her claims in the record of claims, which has been deposited for inspection at the insolvency court within the period set in sentence 1 and where necessary to make additions. Section 8 (1) sentences 2 and 3 and (2) and (3) does not apply to service pursuant to sentence 1.

(2) If comments by a creditor in accordance with subsection (1) sentence 1 do not arrive at the court within the period set, this is deemed to constitute approval of the plan for the settlement of debts. This must be pointed out in the request for comment.

(3) Once the period laid down in subsection (1) sentence 1 has expired, the debtor is to be given the opportunity to amend or make additions to the plan for the settlement of debts within a period to be determined by the court if this is necessary on the basis of comments made by of one of the creditors or this seems sensible in the interest of a mutually agreed settlement of debts. If necessary, the amendments or additions are to be served on the creditors. Subsection (1) sentences 1 and 3 and (2) applies accordingly.

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