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By EU insolvency, we mean the possibility of conducting insolvency proceedings in another EU member state when your actual centre of main interests (COMI) is located there.

The differences between European insolvency systems can be substantial: procedural duration, discharge of debts, treatment of particular debt categories, income and assets are sometimes governed very differently.

Our aim is therefore to identify the European procedure suited to your personal situation.

No. That is precisely what we assess for you.

We consider your personal living and working circumstances, liabilities, income and assets, as well as possible personal liability risks. In the initial consultation, we then clarify which country and procedure could offer the greatest advantages for your situation.

COMI stands for “Centre of Main Interests”.

COMI generally determines which EU country has international jurisdiction to open main insolvency proceedings. A registered address alone is not decisive: what matters is where your actual centre of personal or economic interests is located and whether this is ascertainable by third parties. The EU Insolvency Regulation sets out different presumptions and specific periods, particularly following a relocation.

Yes. In principle, you can continue working as an employee or in self-employment.

However, the rules differ substantially between countries. Germany, for example, imposes a statutory obligation to pursue gainful employment during the relevant discharge phase.

In Ireland, the focus is particularly on the income actually available after reasonable living expenses have been taken into account. Especially for entrepreneurs and higher earners, we therefore carefully assess which system best suits their personal financial circumstances.

Acting as a director or participating in company management during Irish bankruptcy is subject to specific restrictions and may require prior court permission.

Assets must generally be disclosed fully and transparently in insolvency proceedings. These include property, vehicles, accounts, shareholdings and other assets.

Tax liabilities can also be covered by a discharge. Particularly with income tax, VAT, trade tax and other business tax liabilities, choosing the right insolvency system can therefore be highly significant.

Ireland may also be an interesting option for complex tax claims. We assess individually whether a particular tax claim, especially one involving criminal tax matters, is actually covered by discharge.

This depends largely on the country chosen.

In Germany, the statutory assignment period is generally three years from the opening of insolvency proceedings. Preparation and filing take place beforehand.

Ireland is considerably faster: Irish bankruptcy generally provides for automatic discharge after one year. The necessary preparation is additional, particularly the actual establishment of the requirements for Irish jurisdiction in a cross-border case.

This substantial time saving can make Ireland a particularly interesting alternative.

It is straightforward: call us, send us an email or book a free initial consultation directly.

During the first conversation, we gain an overview of your situation and can already assess which insolvency routes may be available to you and which could be particularly relevant.

Personal insolvency focuses on the individual and relief from their personal debts.

Corporate insolvency initially focuses on the financial situation of a company or business. For entrepreneurs, both levels often need to be considered together: company debts, personal guarantees, directors’ liability, tax claims and private liabilities.

For entrepreneurs, we therefore assess not only insolvency but their entire personal liability situation.

Yes. EU insolvency is a regular statutory insolvency procedure.

The European Insolvency Regulation expressly governs which court has jurisdiction in cross-border cases. If the actual COMI is in Ireland and the other requirements are met, the Irish court may have jurisdiction over the main insolvency proceedings.

An actual, demonstrable COMI is always essential. A mere registered address or sham residence is insufficient.

Yes - and this is one of the key advantages of European insolvency law.

Article 19 of the European Insolvency Regulation provides for recognition in other member states of the opening of insolvency proceedings by a court with jurisdiction under Article 3. Under Article 20, main proceedings generally have the same effects there as in the opening state, without further formalities, unless the Regulation provides otherwise.

This means that properly opened Irish EU insolvency proceedings do not stop at the German or Austrian border.

Yes. That is precisely why the question should not only be whether to file for insolvency, but where and how.

If liabilities can no longer be paid in full on a sustainable basis, insolvency proceedings can be an economically sensible route to a fresh start. The available lawful options should then be compared.

Why spend three or five years in proceedings if a substantially faster European route is available, subject to the relevant requirements?

We therefore compare duration, debt categories, income, assets, personal liability risks and discharge, and develop the appropriate strategy from that assessment.

Ireland offers several substantial advantages in a European comparison:

Discharge normally after just 12 months, no rigid German-style attachment table, and a system that takes the debtor’s actual reasonable living expenses into account.

Irish insolvency law can also offer possibilities for tort claims and claims with a criminal-law background that are unavailable or more limited elsewhere. We assess in advance whether a particular claim is actually covered by discharge.

The procedure also offers considerable occupational flexibility. Employment, self-employment or entrepreneurial activity is generally possible.

The combination of a short procedure, a flexible income assessment and broad debt-relief possibilities makes Ireland particularly interesting for many of our clients.

Acting as a director or participating in company management during Irish bankruptcy is subject to specific restrictions and may require prior court permission.

Normally exactly 12 months. This is followed by automatic discharge. On application, the Official Assignee issues a Certificate of Discharge.

Income is a particular consideration: if there is an attachable income surplus, an Income Payment Agreement or Income Payment Order may provide for payments for up to three years.

This generally does not change the fact that discharge takes place after 12 months. Income payments may simply continue beyond that date.

Discharge after one year, even if an income agreement lasts longer. Without a surplus, there are no income payments.

Statutory exceptions remain: in particular, failure to cooperate or undisclosed income and assets can delay discharge.

The Official Assignee is the central statutory office responsible for administering Irish bankruptcy. After proceedings open, the Official Assignee takes over insolvency administration, particularly the handling of the bankruptcy estate.

A particular feature of the Irish procedure is that the Official Assignee does not have to contact every creditor individually in every situation.

The information and publication duties in a particular case are governed by Irish insolvency law and, for creditors in other EU member states, additionally by the European Insolvency Regulation.

For the debtor, the main point is that insolvency administration is handled centrally through the Official Assignee after proceedings open.

Yes. Irish insolvency proceedings are publicly accessible.

However, this does not mean that insolvency automatically appears prominently in search engines when someone makes an ordinary name search. Researching an Irish bankruptcy generally requires a targeted search of the relevant Irish registers or court sources.

The procedure is public, but an insolvency register entry is not the same as an ordinary online article prominently displayed on Google.

For EU main insolvency proceedings, the decisive question is where your Centre of Main Interests (COMI) is actually located.

This is not determined simply by counting how many days you spent in a country. What matters is an overall assessment of your actual personal and economic circumstances, which must also be ascertainable by third parties.

A mere registered address is therefore insufficient. Equally, there is no general rule that you must sleep in Ireland for at least a fixed number of days per year that, on its own, determines COMI.

We therefore do not plan days of attendance; we establish a genuine and demonstrable basis for your COMI.

The overall picture is decisive, rather than a single document.

Relevant factors may include an actual residential address and proper tenancy agreement, employment or self-employment, an Irish company of your own, tax and social insurance connections, banking and telephone arrangements, and other actual links to Ireland.

Everyday life can also play a role, such as a gym, golf club, associations or other regular local activities.

The more coherent the overall picture, the more clearly an actual COMI can be documented.

Yes. Family ties in the previous country of residence do not automatically rule out COMI in another EU country.

International insolvency jurisdiction depends on an overall assessment of actual circumstances. Occupational and economic activities, housing, administration of personal interests and family relationships may provide different connecting factors.

Especially when the family continues to live in Germany, Austria or Switzerland, COMI must therefore be genuinely established and particularly clearly demonstrated in the destination country.

A family remaining in the home country does not automatically rule out EU insolvency in Ireland.

We do not merely explain what you need; we support you in actually establishing your circumstances in Ireland.

Depending on your personal situation, this may include housing and a tenancy agreement, an Irish PPS Number, banking and telephone arrangements, occupational activity, forming an Irish limited company or starting self-employment, and other actual connections to Ireland.

Integration into everyday life, for example through a gym, golf club, associations or other regular activities, can also form part of a coherent overall situation.

From preparing your COMI through insolvency proceedings to discharge, we accompany you throughout the process.

Yes. People from Switzerland or with debts in Switzerland can also benefit from EU insolvency and a European discharge. Changes in the legal framework have made this possible.

The requirements for insolvency proceedings in the relevant EU member state must actually be met.

The effects of foreign insolvency proceedings in Switzerland require recognition under Swiss law. Unlike within the EU, recognition is not automatic but is governed by a recognition procedure.

Yes. Claims of Swiss banks, companies, authorities or other Swiss creditors can in principle be included in foreign insolvency and debt-relief proceedings.

Since Switzerland is not an EU member, a distinction must be made between the effects of discharge in the opening state and its recognition or enforcement in Switzerland.

No. This is a key difference from insolvency proceedings in countries such as Germany or Ireland.

After Swiss personal bankruptcy, unpaid claims can generally remain as bankruptcy certificates of loss. Personal bankruptcy therefore does not automatically lead to the discharge available in other European legal systems.

This is precisely why it can make sense for heavily indebted people in Switzerland to consider EU insolvency options.

No. Nationality generally does not determine which country has jurisdiction over insolvency proceedings.

What matters is the actual personal and economic situation and the international jurisdiction of the relevant insolvency court. COMI, living and working circumstances, economic activities and the origin or structure of liabilities are particularly relevant.

A Swiss citizen can therefore in principle undergo EU insolvency proceedings if the relevant requirements in the destination country are met.

Obligations under personal guarantees can in principle also be covered by discharge.

It is particularly important when and on what basis the personal obligation arose. A guarantee being called upon later does not automatically make it a new obligation arising only after insolvency proceedings opened.

Entrepreneurs and directors often have substantial personal guarantees for company loans, leasing, property or working-capital financing. These must therefore be included in the debt-relief strategy from the outset.

For entrepreneurs, looking only at the company’s debts is insufficient. The decisive question is:

Which claims are being asserted personally against the director or shareholder?

These include directors’ liability, tax liability, personal guarantees and tort claims.

The legal basis of the personal claim is then particularly important. In Germany, certain claims, particularly those arising from intentional torts, survive discharge under section 302 InsO.

In Ireland, such claims may also be covered by discharge. Whether this applies in a particular case depends on the legal basis and Irish exclusion rules and is assessed individually.

Not every claim is automatically covered by discharge. The exceptions depend on the country and procedure.

In Irish bankruptcy, criminal fines and family-law maintenance obligations in particular require separate consideration; they are not eliminated by discharge.

In Germany, section 302 InsO excludes, among other things, criminal fines and statutory maintenance intentionally withheld in breach of duty. Child maintenance arrears are therefore not categorically excluded from discharge in every German case. Ongoing maintenance obligations continue.

A forgotten creditor does not automatically mean their claim is excluded from German discharge. Section 301 InsO expressly provides that discharge generally also affects insolvency creditors who did not register their claims.

This does not, of course, permit deliberate concealment of creditors. Intentionally or grossly negligently incorrect or incomplete information can jeopardise discharge.

In Irish proceedings, it also matters whether the claim is covered by bankruptcy at all and why it was not disclosed.

Our principle is clear: record all known creditors fully and immediately assess how to handle claims discovered later.

This is one of the largest differences between European insolvency systems.

Germany uses statutory attachment allowances and an attachment table. Your actual personal living costs are therefore not automatically decisive.

Ireland takes a different approach: reasonable living expenses (RLE) are considered in light of personal and family circumstances.

Housing costs, family, childcare and other reasonable expenses can therefore play a significant role.

This can make a substantial difference, particularly for debtors with higher incomes and corresponding actual living costs.

All assets must be fully disclosed. These include property, vehicles, accounts, shareholdings and assets abroad.

In Irish bankruptcy, relevant assets generally vest in the Official Assignee, who then assesses whether and how realisation is economically worthwhile.

For property, for example, the actual net asset value after mortgages and other charges is important. A heavily mortgaged property or one in negative equity can be economically very different from an unencumbered property.

Special Irish rules and time limits also apply to the family home.

Insolvency therefore does not automatically mean that every home or vehicle will be sold. Value, encumbrances and the specific legal situation are decisive.

Yes. Company shares, property, accounts, holdings and other assets must be disclosed regardless of the country in which they are located.

Assets abroad do not disappear from insolvency proceedings simply because they are outside the insolvency state.

A clear and complete asset inventory is therefore part of any sound insolvency preparation.

Yes. An economic fresh start is one of the main purposes of discharge.

After proceedings conclude, self-employment or entrepreneurial activity can generally be started or continued, provided no independent professional or company-law restrictions prevent it.

Irish insolvency law in particular is strongly shaped by the idea of a fresh start:

Close the chapter on old liabilities. Regain economic freedom to act. Start again.

Alongside our fee, EU insolvency planning should consider the actual costs of living and establishing yourself in the destination country.

These may include housing and utilities, travel, insurance, transport and ongoing living expenses. Running your own Irish limited company, for example, may also involve costs for the company, tax adviser, annual accounts, office, social contributions and other operating expenses.

The costs of actual local integration, such as a gym, golf club, associations or a vehicle, can also form part of personal planning.

We therefore consider not only the costs of insolvency proceedings but calculate the entire route to discharge with you.

Our services are clearly and transparently defined from the outset.

Before we begin, you receive a detailed service agreement setting out which services are included in your personal package and their costs.

Our packages are deliberately comprehensive and, depending on the package selected, can cover a large part of the preparation, organisation and support on the way to insolvency proceedings.

Clear services. Clear costs. No unpleasant surprises.

You do not initially need to prepare extensive documentation. Throughout the engagement, we guide you step by step and tell you which documents and information we need at each stage.

As the process progresses, we particularly need details of your creditors, reference numbers, claim amounts and legal bases. Depending on your circumstances, this may also include tax assessments, bank statements, details of assets and company shareholdings, and maintenance obligations.

If you are or were an entrepreneur or director of a corporation, additional company and tax documents may be required.

Our experienced team supports you throughout the entire process.

The Premium package includes a personal contact for overall support and a personal contact on the ground in Ireland or the relevant destination country. You therefore have dedicated contacts for both preparation and practical local implementation.

Outside the Premium package, experienced members of our team also support you. We aim for you to work regularly with the same two or three people who know your case and its particular circumstances.

Personal case support from a team that knows your situation and accompanies you throughout the process.

We treat your personal and financial data with the highest level of confidentiality.

Documents and case files are stored in a protected private cloud on appropriately secured servers and processed in accordance with data-protection requirements. Access is restricted to the people required to handle your case.

Protecting your data is a top priority, especially sensitive information about assets, debts, taxes, businesses and personal circumstances.

Confidentiality and data security are integral to our professional client support.

The standard assignment period is three years from opening. The good-conduct phase does not add a fourth year. Advice, settlement attempts and filing come beforehand. Certain repeat proceedings have a five-year period; eligibility to apply again requires separate assessment.

From 1 July 2026, the monthly basic amount is €1,587.40. Qualifying statutory maintenance adds €597.42 for the first person and €332.83 for each of the second to fifth persons. Adjusted net income and the attachment table determine the deduction. Earnings above the allowance are not automatically taken in full.

Yes. Following personal advice, a qualified person or body must certify that an out-of-court debt settlement plan failed within the six months before filing. This is not a six-month waiting period. Lists of creditors, claims, income and assets are also required.

Currently self-employed people generally use regular insolvency. Formerly self-employed people may use consumer insolvency if they have fewer than 20 creditors at filing and no claims arising from employment relationships. Individuals can also request discharge in regular insolvency.

Section 302 InsO excludes, among other things, criminal fines, intentional tort liabilities and statutory maintenance intentionally withheld in breach of duty. Tax debts are excluded when connected with a final conviction under sections 370, 373 or 374 AO. Ordinary tax arrears are therefore not automatically excluded; the creditor’s filing also matters.

Individuals requesting discharge may apply to defer procedural costs if their assets are insufficient. The court checks eligibility. Deferral postpones payment; it is not automatic cancellation. It does not generally cover a privately agreed advisory fee.

There is no single total for everyone. Zurich’s guidelines give a basic amount of CHF 1,200 for someone living alone and CHF 1,700 jointly for a married couple. Recognised housing, compulsory health insurance and necessary work expenses are added. Household circumstances, evidence and cantonal practice determine the calculation.

If enforcement resumes for a pre-bankruptcy claim, the debtor may expressly raise lack of new assets in the objection to the payment order. The court considers savings and income from which assets could have been accumulated. This protection does not cover new debts.

As of 10 September 2026, the Federal Office of Justice says the new restructuring procedures cannot yet be used. A transition period is needed for cantonal implementation before commencement. Until then, personal bankruptcy must not be presented as automatic discharge. No commencement date is assumed here.

The temporary three-year repayment-plan rules for consumers expired at the end of 16 July 2026. Transitional protection covers relevant applications received by the court before 17 July 2026. New consumer cases generally face five years of assignment under the levy plan; payment agreements and rules for entrepreneurs require separate assessment.

In 2026, Spain’s minimum wage is €1,221 monthly with 14 payments, or €17,094 annually. Article 607 LEC generally protects income up to the relevant minimum wage, with graduated deductions above it. Twelve-payment arrangements and extra payments require adjustment. The monthly figure is not a universal net-income threshold.

The Latvian insolvency authority states a minimum creditor payment of €260 monthly during discharge from January 2026: one third of the €780 minimum wage. An initial €1,560 deposit covers administrator remuneration. These figures are neither a total price nor necessarily your full monthly payment.

On 20 January 2025, the court upheld recognition of the Irish opening decision. German recognition proceedings do not allow a fresh review of Irish jurisdiction. Objections generally belong before the opening court. This concerns opening proceedings, not discharge, and does not authorise false statements.

Yes. In its judgment of 23 February 2024, the Düsseldorf Fiscal Court recognised the extinction of the tax claims concerned through Irish discharge. Missing individual notification did not prevent recognition in the particular circumstances. This is not a blanket waiver of all taxes; claims, procedure and exceptions require review.

Recognition may be refused where its outcome is manifestly incompatible with fundamental public-policy principles. In 2015, the BGH stressed mutual trust: jurisdictional objections generally belong in the opening state. The case concerned England under the former EU Insolvency Regulation, not new British applications today.

The Koblenz court did not regard a genuine relocation for more favourable insolvency conditions as a public-policy breach in itself. A fictitious address is insufficient. Its preliminary ruling concerned an English case predating the end of 2020; current eligibility and COMI requirements still need separate assessment.