New creditors regularly fail in insolvency proceedings. If the insolvency debtor concludes an agreement during the proceedings, his contractual partner cannot expect an even proportionate satisfaction of his claim. He has only access to the debtor's insolvency free assets. Generally, these assets are exempt property. The estate the debtor gains during the insolvency proceedings falls into the legal estate. The creditor, on the other hand, who has contracted even before the opening of proceedings with the debtor, regularly participates as an ordinary creditor in terms of the allocation of bankruptcy assets. This work illustrates a possible solution for this dilemma.