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Proof of claim in insolvency proceedings by the KSK

Gültigkeitsgebiet: Bundesweit

Quick info

If bankruptcy proceedings are initiated for you or your company, the Künstlersozialkasse will file its own outstanding claims.

Description

The Künstlersozialkasse (KSK) is an insolvency creditor. In the event of your insolvency, it files claims with your insolvency administrator. The claims made by the KSK particularly concern

  • Contributions or artists' social security contributions,
  • Late payment surcharges,
  • Late fees and
  • Interest that was not paid by you.

As soon as insolvency proceedings are underway, the KSK will suspend its enforcement measures.

If you continue your self-employed artistic or journalistic activity after insolvency proceedings have been opened, your compulsory insurance under the Artists' Social Insurance Act remains in effect. You must continue to fulfill your obligations arising from the insurance. These include, for example, the contributions to the KSK for statutory health, long-term care, and pension insurance for periods after the opening of insolvency. Payments for claims concerning the insolvency period may only be made in consultation with the KSK and from non-attachable assets.

If you continue your business subject to the levy after insolvency proceedings have been opened, your obligation to pay levies under the Artists' Social Insurance Act remains in effect. You must continue to fulfill your obligations. This includes, for example, the artists' social security contribution to the KSK for periods after the opening of insolvency. The KSK may no longer accept payments for claims concerning the insolvency period.

Procedure

You do not need to take action, as the KSK will initiate the procedure.

The KSK files its own claims in writing with the insolvency administrator:

  • The KSK specifies the reason and the amount of the claim.
  • The KSK encloses the notices from which the claim arises.
  • At a verification hearing, the insolvency administrator examines all claims. The KSK monitors whether its claim is entered in the list of claims.
  • The KSK can retroactively correct the amount of the claim.

Deadlines

Please notify the KSK of the opening of insolvency proceedings without delay.

Costs & Fees

There are no costs for you.

Legal basis

further information

Technical approval

Federal Ministry of Labour and Social Affairs

legal remedy

 No appeal is possible.

Stichwörter

  • File a claim
  • KSK
  • artists' social security insurance
  • Bankruptcy
  • insolvency plan procedure
  • insolvency in self-administration
  • Residues
  • Bankruptcy Court
  • Artists' Social Security Fund
  • insolvency claim
  • Insolvency plan
  • consumer insolvency
  • Insolvent
  • Proof of claim
  • Unpaid contributions
  • Debtor
  • Creditor
  • Opening order
  • regular insolvency proceedings
  • Unpaid artists' social security contribution
  • Promotion
  • insolvency proceedings