Is there a minimum amount of debt to open an insolvency file?
Under German law, there is no official minimum amount of debt required to file for personal insolvency.
What is the guiding principle?
The decisive criterion is insolvency (Zahlungsunfähigkeit) – that is, the debtor is no longer able to meet their due financial obligations on time.
Even if the debts are “relatively small” (for example €5,000 or €10,000), it is possible to file for insolvency if these debts are not realistically payable in the foreseeable future.
Certificate of failed out-of-court settlement (Bescheinigung über das Scheitern des außergerichtlichen Einigungsversuchs)
Before filing in court, you must attempt to reach an out-of-court agreement with your creditors.
If this attempt fails, you receive an official certificate confirming the failure, issued by a recognised debt counselling service (Schuldnerberatung) or a licensed lawyer.
This certificate is a mandatory document for the insolvency application.
List of debts and creditors
A detailed and complete list of all debts, including:
name of each creditor
exact amount of the outstanding claim
account number or contract reference
accrued interest and additional charges
Statement of assets (Vermögensverzeichnis)
A comprehensive overview of your assets, such as:
bank accounts and savings
vehicles (cars, motorcycles, etc.)
real estate (houses, flats, land), if any
valuable household items and electronic devices
Income and expenditure statement
Documentation of your monthly income (salary, social benefits, pensions, etc.).
Details of essential monthly expenses such as rent, insurance, family support, utilities and transport.
Proof of family and personal status
Birth certificates of your children, marriage certificate (if applicable).
Information on maintenance and support obligations (e.g. for children or ex-partners).
Insolvency application form
The official form is available from the court or on the website of the competent insolvency court.
It includes personal data, details of your financial situation, the list of debts and a sworn declaration that the information is complete and correct.
Other documents that the court may request
Attachments and enforcement notices, previous court orders, writs of execution and similar documents.
Evidence of previous repayment attempts or letters from creditors.
Tax assessments and tax records, especially if you have tax debts.
Yes, depending on your background and financial history, the court may require additional information:
Former self-employed persons:
You may need to provide a separate and detailed breakdown of business debts, such as supplier invoices, tax debts and social security contributions.
Married couples or partnerships:
Where a partner is involved, the court may request information about joint financial circumstances, such as joint accounts or loans.
Complex cases:
In particularly complex situations, the court may ask for additional reports or statements from a tax adviser or financial expert.
Prepare and check all documents carefully:
Make sure everything is complete, consistent and up to date.
Seek help from a recognised debt counselling service:
A Schuldnerberatung can help you compile the documents, draw up the list of debts and issue the certificate of failed out-of-court settlement.
Be fully transparent:
Do not conceal any assets or debts. Hiding information may lead to denial of debt discharge (Restschuldbefreiung) later on.
Keep copies of everything you submit:
This will help you in case of follow-up questions from the court or the insolvency administrator.
There is no fixed minimum debt threshold for starting personal insolvency proceedings in Germany. The decisive factor is your inability to pay your debts as they fall due.
Careful, complete and honest preparation of all required documents is the key step to starting the process toward debt discharge and a fresh financial start under legal protection.
The editorial team of the website makes every effort to provide accurate information based on thorough research and multiple sources. Nevertheless, errors may occur or some information may be incomplete or out of date. Therefore, please treat this article as an initial point of reference and always consult the competent authorities or professional advisers for binding and up-to-date information.
