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Kanzlei Verbracken & Partner
Personal insolvency in Austria: procedure and current duration
Austria’s debt regulation procedure has its own requirements. For debts exceeding EUR 80,000, jurisdiction, repayment capacity and procedural status matter. Since July 2026, the previously advertised three-year route is no longer generally available to consumers.
Payment plan and income assignment procedure
A payment plan requires the necessary creditor approval and court confirmation. Where agreement is not viable, an income assignment procedure may be considered. Requirements and duties differ. A payment plan therefore does not equal guaranteed discharge after a fixed number of years.
What changed in July 2026
Official Austrian guidance states that the provisions allowing consumers a three-year repayment route expired on 16 July 2026. Consumers should therefore generally expect five years in the income assignment procedure. Transitional cases and applications submitted in time require assessment of their specific procedural status.
Residence is not the only question
Cross-border cases depend on international jurisdiction. Austrian residence registration alone does not replace an actual centre of main interests. Before moving, assess court jurisdiction, costs, work prospects and effects on your family.
Compare Germany and other EU countries
Compare more than duration: assess your specific debts, income, assets, total costs and duties during proceedings. We review the initial circumstances and involve the required local professional advice for Austrian proceedings.
Sources and legal foundations
Sources checked: 14 September 2026
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