Kanzlei Verbracken & Partner

Insolvency in retirement: dealing with high debts

Old loans, guarantees or business debts can remain a burden in retirement. Age alone does not exclude debt relief. Your claims, income, assets and a route that remains workable in everyday life are what matter.

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Which procedure fits your history?

People who were never self-employed usually consider consumer insolvency in Germany. Former self-employment brings additional eligibility conditions under section 304 InsO. Receiving a pension does not automatically turn former business liabilities into a consumer case. Guarantees and joint loans also need separate recording.

Pension and living expenses

Pensions are not universally exempt from attachment. Review statutory pensions, occupational benefits, private contracts and other income separately. Household circumstances and statutory maintenance obligations may matter. A general threshold cannot replace an assessment of your pension type; bank-account protection and income protection are also different questions.

Relocation must fit your life

EU insolvency is not merely a registration abroad. Housing, healthcare, family, language and ongoing costs belong in the decision. Shorter proceedings may be unsuitable once preparation and living costs are considered. Remaining at home and using a German solution should also receive fair consideration.

Settlement and support from relatives

If a relative can provide a limited amount, a settlement may be assessed. This neither obliges the family to pay nor guarantees creditor agreement. Do not accept new joint liability under pressure. A sustainable plan also accounts for living expenses and what happens if agreement fails.

Preparing for a consultation

Bring pension statements, bank records, housing and insurance documents and a complete creditor list. Include former business activity and security arrangements. Our international service focuses on debts above EUR 80,000. Assessment may also identify local debt advice as a more suitable next step.

Sources and legal foundations

Sources checked: 14 September 2026

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