Schuldner- und Insolvenzberatungsstellen Anerkennung

Hamburg Implementation Act on the Insolvency Code (HmbAGInsO)
https://www.landesrecht-hamburg.de/bsha/document/jlr-InsOAGHA frame

If you would like to offer debt counseling and an attempt to reach an out-of-court settlement in preparation for consumer insolvency proceedings, you will need to be recognized as a suitable body in accordance with the Insolvency Code.

Debt and insolvency counseling centers advise indebted people who need expert help. If consumer insolvency proceedings are to be opened, the debtor must provide a certificate proving that an out-of-court settlement was unsuccessful. The certificate must be issued by a state-recognized "suitable person or agency."

As a recognized person or body, they provide advice and are also allowed to support debtors in reaching an out-of-court settlement with creditors and, if necessary, in applying for and conducting insolvency proceedings.

You can have yourself recognized as a suitable person or body. You must apply for recognition from the responsible body.

Evidence that proves that you meet the recognition requirements. If you need a list of the necessary documents, you can obtain this from the responsible authority upon request.

• You have your registered office, main branch or an independent branch or office in the Free and Hanseatic City of Hamburg and this
  • is managed by a reliable person.
  • is designed to last.
  • employs at least 3 people, one of whom has practical experience in debt counseling.
  • provides any necessary legal advice.
  • has sufficient technical, organizational and spatial conditions.
• Your consultants have completed appropriate training
  • in the study programs of social work or social pedagogy,
  • as a bank clerk,
  • as a business economist,
  • in senior administrative or judicial service, or
  • admission to the bar

The recognition process is free of charge.

• You submit your application together with the necessary documents to the responsible authority.
• The responsible authority will examine your application and, if necessary, request any missing documents or information from you.
• The responsible authority will inform you of the decision on your application in writing.

The processing time depends on the individual case.

The recognition is revocable and can be granted for a limited period and subject to conditions.

Recognition in another federal state is not equivalent to recognition under the Hamburg Implementation Act on the Insolvency Code (HmbAGInsO).
As a recognized body or person, you are obliged to inform the responsible body if the recognition requirements no longer apply.
Recognition as a suitable body will not be considered if, in addition to debt counseling, you also operate credit, finance, financial brokerage or similar services commercially.

contradiction
lawsuit before the administrative court

• Debt and insolvency counseling centers advise indebted people
• If consumer insolvency proceedings are to be opened, the debtor must provide evidence by submitting a certificate that an out-of-court settlement was unsuccessful. The certificate must be issued by a state-recognized "suitable person or body".
• You can get yourself recognized as such a "suitable person or body".
• recognized persons or bodies
  • are active in an advisory capacity
  • may support debtors in reaching an out-of-court settlement with creditors
  • may assist in the application and implementation of insolvency proceedings

Authority for Labor, Health, Social Affairs, Family and Integration