European UnionA relative went bankrupt in Germany but owes me money in France. Can I claim in the German proceedings?
Yes, as a creditor in France, you can claim in the German bankruptcy proceedings under EU Regulation (EU) No 2015/848, which applies automatically in cross-border insolvency cases within the EU.
What the Law Says
The EU Regulation (EU) No 2015/848 on insolvency proceedings governs cross-border insolvencies within the EU. It ensures that a main insolvency proceeding opened in one Member State (e.g., Germany) is automatically recognised in all other Member States (e.g., France), and creditors from any EU country may lodge claims directly in that proceeding.
Under this Regulation, the court of the Member State where the debtor has their 'centre of main interests' (COMI) has exclusive jurisdiction to open main insolvency proceedings. If your relative’s COMI was in Germany, the German proceedings are the main proceedings — and they bind all assets and creditors across the EU.
Article 7 states: 'The courts of the Member State within the territory of which the centre of the debtor's main interests is situated shall have jurisdiction to open insolvency proceedings.'
Article 34 provides for automatic recognition: 'Any judgment opening insolvency proceedings handed down by a court of a Member State having jurisdiction pursuant to this Regulation shall be recognised in all other Member States.'
Article 46 sets the deadline: 'Creditors residing in another Member State shall be bound by the time limits laid down in the law of the State of the opening of the proceedings for lodging claims, unless those time limits are manifestly incompatible with the principle of effectiveness.' In Germany, the typical deadline for filing claims in insolvency proceedings is three months after publication of the opening decision in the Federal Gazette (Bundesanzeiger).
Statutory TextThe courts of the Member State within the territory of which the centre of the debtor's main interests is situated shall have jurisdiction to open insolvency proceedings.
— Regulation (EU) 2015/848, Art. 7 — Jurisdiction
Statutory TextAny judgment opening insolvency proceedings handed down by a court of a Member State having jurisdiction pursuant to this Regulation shall be recognised in all other Member States.
— Regulation (EU) 2015/848, Art. 34 — Recognition
Statutory TextCreditors residing in another Member State shall be bound by the time limits laid down in the law of the State of the opening of the proceedings for lodging claims, unless those time limits are manifestly incompatible with the principle of effectiveness.
— Regulation (EU) 2015/848, Art. 46 — Time limits for lodging claims
What to Do
Confirm the German insolvency court’s case number and appointed insolvency administrator (available via the German Insolvency Register: www.insolvenzbekanntmachungen.de)
Prepare your claim in German (or with certified translation), including proof of debt (e.g., contract, invoice, judgment), and submit it to the German administrator before the deadline — usually within 3 months of the opening notice
Monitor communications from the administrator; attend creditor meetings if invited (often virtually), and consider appointing a local representative or lawyer in Germany if the claim is substantial
Note: You do not need to open separate proceedings in France — the German decision is automatically recognised there under Art. 34
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.