Requirements of a creditor petition
A creditor’s petition does not automatically open insolvency proceedings. Under section 14 of the German Insolvency Code (InsO), the creditor must substantiate its claim and an insolvency ground to the required evidentiary standard.
Payment and liquidity
Outstanding social-security contributions do not, on their own, conclusively establish inability to pay. Due debts, available liquidity, enforcement attempts, and allocation of payments require careful examination.
Legal representation
Relevant documents include contribution statements, enforcement records, bank statements and payment confirmations. Paying the claim after the petition does not necessarily end the proceedings automatically.