Debt restructuring: the Netherlands or Germany?

Questioner

I live in Germany, work in the Netherlands and have a mortgage in the Netherlands. If I can no longer pay my debts, do I go into debt restructuring in the Netherlands or do I have to do that in Germany?

Lawyer

According to German law, the German court (Insolvenzgericht) is competent for a bankruptcy. Whether a Dutch court would also be competent, I do not know.

Lawyer

According to the European Insolvency Regulation, the determining factor is where your 'centre of main interests' lies. I think it is likely that arguments can be found for both countries. In this regard, it seems sensible to me that before you apply for debt restructuring, you consult a lawyer who can advise you on the question of which legal system is better for you.