Insolvenzverschleppung

In the context of German insolvency law, Insolvenzverschleppung refers to the culpable failure to file for insolvency within the statutory three-week period, despite the occurrence of insolvency or over-indebtedness as per § 17 or § 19 InsO. The responsibility for timely filing lies solely with the directors, boards, or liquidators of a legal entity. Violating this duty under § 15a InsO can result in severe criminal penalties: up to three years imprisonment or a fine, as well as personal civil liability for losses incurred during the delay period. Additionally, the local court may appoint a special insolvency administrator and dismiss the management during the opened insolvency proceedings; the commercial register only notes the opened insolvency but does not sanction the delay. Typical signs of impending Insolvenzverschleppung include persistent liquidity shortages, unpaid social security contributions, and unserviced credit lines. To avoid criminal liability, responsible parties should consult an insolvency law expert early, prepare a liquidity status and going concern forecast, and file the insolvency petition with the competent insolvency court within three weeks. Consistent compliance in risk management protects against liability, fines, and reputational damage.