Kanzlei Verbracken & Partner

Personal insolvency across countries

Ireland, Spain, Latvia or proceedings where you already live? Compare eligibility and consequences together rather than focusing only on the shortest duration.

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What makes a fair comparison?

COMI, eligibility, total duration, income, assets and excluded debts are the key comparison criteria. Discharge does not always end payments or asset administration. In the initial consultation, we compare country options with your actual circumstances.

CountryRealistic durationDebt & taxesWork & incomeAssetsCreditor contactRequirement
Ireland

Normally 1 year of bankruptcy. Income contributions may continue for up to 3 years.

Unsecured existing debts are generally covered; assess taxes by type, timing and security.

€1,383.95 monthly set costs for one adult without children needing a car (ISI 2025).

Reasonable housing, insurance and special costs are added. Household-specific budget, not a fixed attachment threshold.

Assets generally transfer to the Official Assignee; exemptions and the family home need separate assessment.

After adjudication, the Official Assignee handles claims covered by the procedure.

Actual COMI in Ireland and statutory eligibility; bankruptcy is for debt over €20,000.

Spain

Payment plan normally 3 years, or 5 in specified cases. Liquidation is a separate route.

Discharge has exceptions. Public tax and social security claims have limited relief.

2026 minimum wage: €1,221 per month in 14 payments; €17,094 annually.

Normally protected up to the applicable minimum wage, with progressive attachment above it. Payment schedule, net pay and exceptions matter.

Liquidation or payment plan. Retaining the main home can require a 5-year plan.

Enforcement and creditor participation depend on the stage and claim type.

Actual Spanish jurisdiction, insolvency and statutory discharge requirements.

Latvia

Asset realisation followed by a discharge plan, with duration based on repayment and remaining debt.

Covered remaining debts are discharged after a successful plan; statutory exceptions apply.

At least €260 monthly to creditors during the discharge plan (2026).

Normally one third of net income; minimum based on the €780 minimum wage. This is a payment obligation, not a protected allowance.

Attachable assets are generally realised; statutory exemptions remain protected.

Covered enforcement is suspended on opening; an administrator performs statutory duties.

Includes 6 months as a Latvian taxpayer, actual jurisdiction and statutory debt thresholds.

Germany

Normally 3 years from opening, including the good-conduct phase. Preparation is additional; no extra year. Certain repeat proceedings have a 5-year period.

Many existing and tax debts are covered; certain claims connected to criminal offences can be excluded.

Basic protected amount: €1,587.40 monthly from 1 July 2026.

Add €597.42 for the first dependant and €332.83 each for dependants two to five. Actual attachment follows the statutory table; exceptions apply.

Attachable assets enter the insolvency estate; ownership and security interests must be disclosed.

Individual enforcement is generally restricted after opening; creditors register claims.

German jurisdiction; consumer proceedings normally require a prior out-of-court settlement attempt.

Austria

New consumer applications after 16 July 2026 generally face a 5-year assignment plan; transitional cases differ.

Discharge follows successful completion, subject to statutory exceptions and claim types.

2026 basic amount: €1,308 monthly; €1,526 without special payments.

Basic maintenance allowance: €261 per eligible dependant. Actual protection increases under the table according to income and dependants.

Attachable assets are generally realised; exemptions require individual assessment.

Registration and enforcement effects follow the debt regulation procedure.

Austrian jurisdiction and insolvency; distinguish payment plans from assignment procedures.

Switzerland

Personal bankruptcy does not automatically discharge debts and has no fixed debt-free deadline.

Unpaid claims may remain in certificates of loss. There is no blanket discharge.

Cantonal example St Gallen: CHF 1,230 monthly basic amount for a single adult without shared accommodation.

Recognised housing, health insurance and work costs are added. No uniform Swiss flat rate.

Attachable assets are realised; legally protected items are exempt.

Bankruptcy consolidates claims; later enforcement of certificates of loss may remain possible.

Swiss jurisdiction and insolvency conditions. Assess EU proceedings and Swiss effects separately.

For orientation, not an individual assessment. Applicable law, claim type, family, income, assets and jurisdiction matter. Content review: 9 September 2026.

Sources and legal foundations

Sources checked: 14 September 2026

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We assess your circumstances personally and involve the appropriate professionals for legal and tax questions.

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