Attorney Debt Fighters is a name of trust when it comes to bankruptcy. Thousands of people, including businessmen and entrepreneur, ask us whether they are allowed to make purchases. There is no general answer to this question, as it depends on different circumstances. On the one hand, it is relevant whether you are in bankruptcy proceedings in the narrower sense or already in the conduct of business period. It is also important whether the purchase is generally determined to be non-attachable by law. A purchase as part of employment must also be checked separately.
The question of whether purchases can be made during bankruptcy is, therefore, relevant for everyone. This article tries to provide answers so that you are not surprised by a garnishment of the purchase. This is exactly where you need help of a professional bankruptcy attorney.
Acquisition in bankruptcy proceedings
Great caution is required when making purchases in bankruptcy proceedings. Because after the bankruptcy proceedings have been opened, all of your assets are subject to the bankruptcy charge. This means that a “net” is laid around your assets. Everything there is drawn to the bankruptcy estate. This is because, with the decision to open bankruptcy, the power of disposal over assets is transferred to the bankruptcy administrator or trustee. As a debtor, you can no longer decide on assets belonging to the bankruptcy estate.
You will ask yourself whether this would immediately take away every purchase necessary for the household? The answer is no. Items that are necessary for the conduct of life can also be newly acquired in bankruptcy proceedings. It is worth taking a look at § 811 ZPO:
Acquisitions in the good conduct period
Purchases are usually no longer a problem during the good conduct period. Because from then on, the legislature allows you to save money or receive gifts of lower value. There are special features here for especially valuable gifts, higher profits and inheritances. Our article on gifts, profits and inheritance in bankruptcy shows you what you need to consider here.
In principle, all new acquisitions made during the good conduct period can be kept. This is the case because at this point in time the procedure according to § 200 is canceled. In short, this means for you: As soon as the conduct of business period comes, you can save something or receive smaller benefits. However, be careful with inheritances: Half of these have to be paid off, which is why a timely cancellation may be advisable. This also applies to higher winnings from games and bets, as determined by the new obligation to issue in accordance with section 295 sentence 1 no. 2.
Items released by the liquidator
Objects released by the bankruptcy administrator may also be kept. The release usually happens if disadvantages to the detriment of the mass could arise, e.g. B. through encumbrances on an otherwise unworthy property. In the course of the approval, an activity, a company or a practice of a freelancer or self-employed person can also be exempted from bankruptcy. If new acquisitions are made for employment or professional reasons, the acquisitions necessary for the exercise of the profession are in principle free of attachment.
Specialist lawyers for bankruptcy law & debt counseling
Since it was founded in 2012, our law firm has specialized in providing nationwide advice to private individuals and entrepreneurs in financially difficult situations.
Here, our experienced staff assist our clients during the entire debt. In order to reduce the amount of debt, we are conducting settlement negotiations with the creditors. With the aim of the most secure debt relief possible, we prepare and submit the bankruptcy petition. To ensure that we are free of debts as quickly as possible, we also prepare an bankruptcy plan for our clients.
Visitors to our website also appreciate our free initial telephone consultation, thousands of legal articles on the topic of debt and the free answers to their questions in the forum and in the comments below the respective contributions. With new free offers, such as the P-account confirmation by e-mail for $ 0.00, we always try to meet our social responsibility and to support people in difficult life situations.
OUR PRINCIPLES
Legal guarantee
We provide legal assistance until you reach your goal at a fixed price. Put your case in our hands. We will improve your financial situation.
Price transparency
Our prices are fixed that will remain the same even with increased work and consulting effort.
Four-eyes principle
Thanks to our precise legal control, we avoid errors and ensure complete debt relief.
Speed
We do not provide for a waiting period – we regularly submit an application for bankruptcy to the bankruptcy court after just 6 weeks.
With us, your debt will be discharged much faster than with public debt advice.
THIS IS HOW WE DO IT FOR YOU
Detailed initial consultation – free of charge and without waiting time
The initial telephone consultation is 100% free and without any obligations for you. Our professional advice ensures that you take the right path to debt relief (debt comparison, regular or personal bankruptcy).
Settlement before bankruptcy
For our clients, we first try to reach a settlement with the creditors. We know exactly what the offer must look like so that you achieve the best possible result.
Assumption of costs for advice assistance
If the requirements are met, we will support you with the application for advice assistance. We will work for you free of charge.
Live debt-free again
We will accompany you through to the implementation of the appropriate debt relief measure. The result is safe relief from all debts.
What is the exam date?
The exam date is probably the most important date in bankruptcy proceedings, even before the reporting date. The examination appointment is about checking whether the claims made by the creditors are justified. If claims are recognized, you take part in the bankruptcy and distribution proceedings. Otherwise, the disputed claim can only be pursued through a successful lawsuit or outside of the bankruptcy proceedings.