Insolvency objection to hearing rights: Inadmissibility of filing without qualified counsel and absence of material procedural error in final non-appealable order

The Federal Court of Justice rejected the debtor's objection on the grounds that it was inadmissible for lacking filing by a lawyer admitted to the court and, in any event, unfounded, as the asserted violation of the right to be heard did not influence the outcome; consequently, the lower court decision from the Augsburg Local Court of May 11, 2022, remains in force and no further filings in the matter are expected. The dispute arose in insolvency proceedings where the debtor challenged a local court order that the appellate court had previously dismissed for lack of a legal remedy, arguing that his submissions had not been considered. The decisive legal basis is Section 321a of the Code of Civil Procedure, which governs objections to the right to be heard and requires a demonstration that the alleged procedural error was material to the decision, alongside Section 78, paragraph 1, sentence 3, of the Code of Civil Procedure, which mandates representation by a qualified lawyer for such filings before the Federal Court of Justice.