Filing claims with the trustee in bankruptcy

Advisory actions for trade creditors

1. Submit your claim, including copies of invoices, to the estate and request the estate to send you a confirmation letter that your claim has been placed on the list of provisionally recognised unsecured creditors (this, among other things, to be able to submit your VAT claim to the tax authorities).
2. Appeal to the trustees - where applicable - for retention of title (EVB) and/or Right of Recourse (RVR). Your (unpaid) goods that are still with the bankrupt on the day of the bankruptcy order may only be consumed during insolvency if the estate guarantees full payment and records of consumption are kept. Draw the estate's attention to this.
3. Assuming you have a (legally valid) RVR, you should demonstrate this by providing the estate with a copy of your terms of delivery. The RVR is provided for by law and the estate should respect it if you have invoked it within six weeks of your claim becoming due and/or within 60 days from the day on which the goods came under the bankruptcy's control.
4. It may take some time for the estate to sort everything out and respond to your appeal on EVB/RVR.
5. If your recourse to EVB/RVR is recognised by the estate, you can, in consultation with the estate, recover and/or resell your goods (to a restarting party, for example).
6. If your reliance on EVB/RVR is not recognised by the estate and you do not agree, we advise you to seek legal advice before responding to it towards the estate.
7. If you have delivered under Atradius cover, please note that Atradius should be known in all steps taken / to be taken by you. In order not to lose your possible right to any claim payment, prior consultation with Atradius is necessarily required for action points 5 and 6.
8. In case of (specific) questions and/or doubts, we advise you to contact us.

New supplies (of goods and/or services)

1.  If the estate decides to continue doing business (in part), you may be asked to deliver on.
2. Such requests/orders will always have to be approved by the trustee(s) and the credit insurer.
3. Delivery on prepayment is preferred. However, you may be requested to deliver on credit.
4. If the estate vouches for payment, we consider the probability of non-payment to be extremely low.
5. If you have delivered under Atradius cover, please refer to the attribution module in the policy.
6. We recommend that you first contact us before making new deliveries.