My debtor is bankrupt. What now?

Published on 19/04/2016

Have you delivered goods, but have you not yet been paid? If your debtor is bankrupt, you can submit your claim directly to the debtor's curator. You can find which curator is handling the bankruptcy in the Central Insolvency Register. Naturally, you must substantiate your claim.

Restart

The curator, who is appointed by the Subdistrict Court, is responsible for the management and management of the company. The curator will also investigate the reason(s) for the bankruptcy, on the orders of the judge. He also investigates whether a restart is possible.

What does the curator do?

“As long as your debtor is not bankrupt, there is in principle nothing to worry about. If the debtor has a lot of debts and a subdistrict court judge decides that an administrator (curator) will be appointed over the company, then this should not be a problem. You can then see the curator as a person involved who pays attention to the financial situation and business choices.

Mr. Pim Nuiten, (curator Veldhuizen & Nuiten Advocaten in Dordrecht, www.veldlaw.nl):

“Questions I ask as a curator during my research include:

  • What actions were taken immediately before the bankruptcy?
  • Who is personally liable?
  • What about the financial affairs of the legal entity that has gone bankrupt?
  • What assets and liabilities does the person have?

The curator's aim is to obtain a complete and thorough picture of the current status of the company. The debtor is obliged to fully cooperate with the curator's investigation and may not withhold any information.

The research results

The curator submits the results of this investigation to the judge who declared the debtor bankrupt. In the process that follows, the curator works for the creditors, or the parties to which the debtor still owes money.

The curator's salary is paid from the active assets of the bankrupt company. Even if the curator needs help from, for example, an accountant, those costs are taken out of the company.

Creditors with a preferential claim have a right of priority recognized by law. Consider, for example, the Tax Authorities, UWV and the banks.

Creditors with an unsecured claim are discussed when the claims of the preferential creditors have been settled. In practice, this often means that there is little or no capital left to pay unsecured claims.

It is therefore good to know that your debtors are properly insured and that your recognized claim will be processed and paid out quickly by the insurer!

If you have any questions, you can of course contact us the specialists at Xolv.

Knowing more? Please contact us.