Whether the enforcement officer’s delivery of a copy of an asset disclosure made within the previous two years, contrary to the creditor’s expressed wishes, constituted incorrect handling of the matter under § 7(1) GvKostG and invalidated the KV 261 fee.
Before the BGH decision of 27 October 2016, this conduct did not constitute incorrect handling of the matter for purposes of § 7(1) GvKostG.
The court applied the legal position before the BGH’s decision of 27 October 2016, under which forwarding the recent asset disclosure despite the creditor’s contrary request did not amount to incorrect handling.