Pension & old-age provision

BGH judgment: Riester pension cannot be attached in the event of personal bankruptcy

Summary

What if you pay money into a Riester pension, receive state allowances and get caught in the debt trap? Anyone who is in private bankruptcy does not have to fear for the Riester capital they have saved after a BGH […]

BGH judgment: Riester pension cannot be attached in the event of personal bankruptcy.  Pensioner counts money (source: dpa / Marijan Murat)

What if you pay money into a Riester pension, receive state allowances and get caught in the debt trap? Anyone who is in private bankruptcy does not have to fear for the Riester capital they have saved after a BGH decision. Subsidized contracts cannot be attached.

Anyone who is in private bankruptcy because of over-indebtedness does not have to fear for their Riester pension contract. However, according to a ruling by the Federal Court of Justice (BGH), the prerequisite is that state allowances have been paid. In addition, the pension contributions may not exceed the maximum amount. Claims from such a contract are not transferable, justified IX, who is responsible for insolvency law. Senate the decision. Thus they could not be seized either (IX ZR 21/17).

Courts decided differently

The case of a woman whose private insolvency proceedings were opened in Aschaffenburg, Bavaria in 2014 was negotiated. The insolvency administrator terminated the contract with Allianz in 2015, into which the woman had paid a total of 333 euros. The repurchase value was 172.90 euros. The insolvency administrator failed to terminate the contract before the Stuttgart District Court. The Stuttgart Regional Court decided differently and gave him the right to terminate the contract.

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