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.

CountryHow long does the insolvency procedure take?Which types of debt are covered?What is the protected income threshold?What happens to existing assets?Requirements
Ireland

Normally 1 year

In principle, all debts, including tax debts, bank debts, debts arising from piercing the corporate veil and tort debts. Court-imposed fines and maintenance claims are not covered by insolvency.

€3,284.67 in one of the official ISI examples (basic allowance + €1,400 housing + €500 childcare + other living costs). The amount may be higher or lower depending on housing costs, family and individual circumstances. The Irish system considers the actual personal and family situation. There is no fixed attachment threshold.

Realisable assets generally form part of the insolvency estate; statutory exemptions and individual assets must be assessed separately. In some circumstances, it may even be possible to retain the family home.

Actual COMI in Ireland, but no minimum stay measured in days. Insolvency is possible with debts from €20,000, with no upper limit on income or debt.

Spain

Usually 3 years, in some cases 5 years

Tort claims are not covered; tax debts only to a limited extent. Exceptions also apply to certain public claims, maintenance and other preferential claims.

€1,221 per month or €17,094 per year (monthly allowance × 14) is generally protected from attachment in 2026. Above the statutory minimum wage, progressive attachment rates apply.

Depending on the debt relief route, assets may be realised; under certain conditions, the main home may be retained.

Actual centre of life in Spain. Personal eligibility requirements for discharge must be met, along with duties of cooperation and procedural obligations.

Latvia

Depending on the case, approximately 6 months to 3 years

After successful completion of the discharge plan, the remaining debts covered by the procedure are generally discharged, but there are numerous statutory exceptions.

At a minimum wage of €780, at least €520 of monthly income remains on a calculated basis. During the discharge plan, generally at least one third of net income must be paid to creditors; the minimum payment is €260 per month.

Attachable or realisable assets are generally realised; legally protected items remain exempt.

At least 6 months as a Latvian taxpayer and, in principle, insolvency. Debts due normally exceed €5,000, or foreseeable liabilities exceed €10,000.

Germany

Normally 3 years, with preparation and follow-up 4-5 years

Insolvency claims, including many existing debts and tax claims, are generally covered. Certain claims, such as those arising from intentional torts, fines and certain maintenance or tax claims, are generally excluded.

€1,587.40 per month from 1 July 2026. Maintenance obligations increase the protected amount; the specific attachment amount follows the statutory table.

Attachable assets generally form part of the insolvency estate; non-attachable assets remain protected.

Consumer insolvency normally requires a prior out-of-court settlement attempt.

Austria

Depending on the procedure, normally 3 or 5 years

Discharge can generally be granted for insolvency claims covered by the procedure. However, statutory exceptions and claim types must be assessed individually.

2026 basic amount: €1,308 per month. Without entitlement to special payments, the basic amount increases to €1,526; €261 is added for each dependant.

Attachable assets are generally realised; statutory exemptions require individual assessment.

Habitual residence in Austria. Insolvency and full disclosure of financial circumstances; a payment plan or assignment procedure, depending on the route.

Switzerland

No automatic discharge

Unpaid claims are generally not automatically discharged by personal bankruptcy and may continue as claims under certificates of loss.

No uniform Swiss flat rate. Example from St Gallen: CHF 1,230 monthly basic amount for a single person without shared accommodation, plus in particular reasonable housing and health insurance costs.

Attachable assets are realised; legally protected items remain exempt.

No discharge following the German or Irish model. EU insolvency may therefore be particularly relevant for debtors with Swiss liabilities. EU insolvency can be recognised in Switzerland through a simple recognition procedure.

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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