Redacción

SECOND CHANCE ACT 2025: THE NEW LEGAL BOOST FOR FREELANCERS AND MICROENTERPRISES IN SPAIN

Por Diego Ricardo Molinari Chiarappa / 31 de julio de 2025

💡 MCHM Lawyers - Lawyers - Bankruptcy Law
📎 Second Chance Act 2025: The new legal boost for freelancers and microenterprises in Spain
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👉 Second Chance Act 2025: New opportunities for freelancers and microenterprises
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💬In an economic context marked by uncertainty and the constant need for adaptation, the Second Chance Act has become a key tool for the financial restructuring of individuals, freelancers, and microenterprises in Spain. The 2025 reform introduces significant changes aimed at aligning national regulations with European standards, while offering a fairer, faster, and more accessible framework for those facing insolvency. ✍️
What is the Second Chance Act?
In force since 2015, the Second Chance Act allows individuals —including freelancers— to be released from debts they cannot pay, provided they meet certain requirements. Its aim is to offer a legal and dignified way out to those who have faced financial failure, allowing them to start over without carrying unsustainable financial burdens.
Main changes of the 2025 reform
1. Partial discharge of public debts
One of the most anticipated advances has been the partial inclusion of debts owed to Social Security and the Tax Agency in the discharge process. Until now, these debts were practically inescapable, posing an insurmountable barrier for many freelancers.
With the new law:
• Cancellation of up to €10,000 in accumulated debts with each body (Social Security and Tax Agency) is allowed.
• Certain prior requirements that hindered access to discharge are eliminated.
• Tax restructuring is facilitated for freelancers, recognizing the cyclical and vulnerable nature of their income.
2. Reduction of the payment plan period
The payment plan, which could previously extend up to five years, has been reduced to a maximum of three years. This measure seeks to speed up the financial recovery process and prevent debtors from being trapped in prolonged periods of uncertainty.
Additionally:
• Greater flexibility is promoted in negotiations with creditors, encouraging tailored agreements.
• The essential assets of the debtor are protected, allowing them to keep goods necessary for their professional activity or livelihood.
3. New minimum debt threshold to access the law
The reform sets minimum debt amounts to be eligible for the procedure:
• Individuals: minimum of €10,000.
• Freelancers: minimum of €25,000, recognizing this group´s greater exposure to risk.
This change aims to prevent misuse of the mechanism and focus judicial resources on genuine insolvency cases.
4. Greater clarity on the debtor´s “good faith”
One of the most debated issues has been the interpretation of the principle of good faith, a mandatory requirement to obtain discharge. In 2025, clearer and more objective criteria have been introduced to assess this principle, reducing judicial discretion and increasing legal certainty.
5. Impact of European regulations
The reform has been largely driven by the guidelines of the European Congress on Insolvency and Debt Restructuring, held in Brussels. Harmonization with EU regulations has been key to:
• Ensuring fair treatment for debtors throughout the EU.
• Avoiding discrimination between types of debt.
• Promoting a more favorable environment for the economic recovery of freelancers and microenterprises.
What does this mean for freelancers and microenterprises?
The 2025 reform represents a paradigm shift. For the first time, the structural vulnerability of freelancers and small entrepreneurs is explicitly acknowledged, and they are offered a more realistic and humane legal framework to overcome financial difficulties.
Among the most notable benefits:
• Greater access to debt discharge, including tax debts.
• Faster and less expensive procedures.
• Protection of essential assets, enabling the continuation of economic activity.
• Greater legal certainty and predictability in proceedings.
Conclusion
The new Second Chance Act 2025 marks a firm step toward a more inclusive and resilient economy. For freelancers and microenterprises, it represents a true second chance: not only to become free of debt, but to rebuild their life projects and contribute again to the country´s productive fabric.
In a context where financial failure should no longer be a lifelong sentence, this reform is an invitation to begin again with dignity, institutional support, and a fairer legal framework.
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⚖️ Welcome to the Civil Online Procedure offered by MCHM Lawyers. Through our online platform, we offer you the convenience of completing the entire procedure from the comfort of your home, without the need to visit our office or the courts (except for mandatory procedures). Below, we will guide you through each step of the process:
Access to Your Personal Account: Once you access our website https://www.mchmabogados.es/inicio-sesion-mchmabogados-almeria [Civil], you can create a personal account or log in if you already have an existing account. From your personal account, you will have access to all the tools needed to complete the Civil procedure.
Document Upload: From your personal account, you can upload all the necessary documents to initiate the Civil procedure. This includes text documents, images, and any other documents relevant to your case.
Receipt of Notifications and Requirements: Once you have uploaded your documents, you will receive notifications and requirements through your personal account on our online platform. These notifications will include information on the status of your case, any required actions on your part, and any important communication related to your Civil procedure.
Process Tracking: From your personal account, you can track the progress of your case in real time. This includes information about hearings, court rulings, and any other relevant updates.
Communication with Your Lawyer: Through our online platform, you will be able to communicate directly with your assigned lawyer. You can make inquiries, ask questions, and receive personalized legal advice at any time during the procedure.
Receipt of Judgment: Once the process is completed, you will receive the final judgment through your personal account on our online platform. This judgment will include any decisions made by the court regarding your Civil case.
In summary, our Civil Online Procedure offers you the convenience and flexibility of completing the entire process from the comfort of your home, without the need to visit our office or the courts (except for mandatory procedures). With access to your personal account on our online platform, you can upload documents, receive notifications, communicate with your lawyer, and track the progress of your case in real time. At MCHM Lawyers, we are committed to providing you with the best possible service throughout the Civil procedure.
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📍 For more information, don´t hesitate to contact MCHM Lawyers. ✍️
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