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As a bankruptcy lawyer in the Netherlands, we advise creditors who want to file a bankruptcy petition and businesses that face insolvency themselves. We also advise directors who are held personally liable after a bankruptcy, and companies that want to restructure their debts through the WHOA. The first step is a short review of the debts, the creditors and the financial position.

Nilai klien Law & More 9.6 tina 10 dina Klantenvertellen, platform ulasan Walanda (81 ulasan, per Oktober 2026).

Naon tiasa urang mantuan Anjeun sareng?

• filing a bankruptcy petition against a debtor who does not pay;
• defending a company against a bankruptcy petition from a creditor;
• a company's own bankruptcy filing and the decisions needed for it;
• a debt restructuring outside bankruptcy through a WHOA composition;
• your position as a creditor when a customer or supplier goes bankrupt;
• claims of the bankruptcy trustee against directors or shareholders;
• retention of title, pledges and set-off after a bankruptcy order.

When can a creditor file for someone's bankruptcy?

A creditor can petition for bankruptcy if the debtor has stopped paying its debts and there are at least two creditors. One of those claims must be due and payable; the court examines this summarily.

The conditions follow from Article 1 and Article 6 of the Dutch Bankruptcy Act (Faillissementswet). The petition is filed with the district court in the place where the debtor is established, through a lawyer. The court hears the debtor, often within a few weeks, and decides quickly. If the debtor pays the claim before the hearing, the petition usually fails. Information on court fees and hearings is available on rechtspraak.nl.

A bankruptcy petition is a heavy instrument, not a standard collection tool. If your claim is seriously disputed, the court will reject the petition and refer you to ordinary proceedings. The trustee then sells the assets for all creditors together, and unsecured creditors often receive little. We therefore compare the petition with alternatives, such as summary proceedings or a pre-judgment attachment. See also our panduan penagihan hutang.

What should you do if your company cannot pay its debts?

Act early: the longer payment problems last, the fewer options remain and the greater the risk for directors. The choice is usually between an informal arrangement, a WHOA composition, a suspension of payments or the company's own bankruptcy filing.

A BV's own bankruptcy filing requires a resolution of the general meeting under Article 2:246 of the Dutch Civil Code, unless the articles provide otherwise. After the bankruptcy order, the court appoints a trustee (curator) and a supervisory judge. The debtor can challenge the bankruptcy order within eight days. Unpaid payroll tax and VAT need a separate step. Directors must notify the Tax Administration of the inability to pay (melding betalingsonmacht), generally within two weeks after the tax is due.

How does a WHOA composition work?

Since 1 January 2021, the WHOA (Wet homologatie onderhands akkoord) allows a company to offer its creditors and shareholders a composition outside bankruptcy. Creditors vote in classes. A class accepts if creditors representing at least two thirds of the amount of the claims voted in that class agree.

The court can then confirm (homologate) the composition, which makes it binding on dissenting creditors as well. A cooling-off period of up to four months, extendable to a maximum of eight months, can stop creditors from enforcing in the meantime. A WHOA requires sound financial figures and a realistic comparison with the outcome of a bankruptcy. Read more in our article on company insolvency and restructuring.

What are your rights as a creditor in a bankruptcy?

You submit your claim to the trustee, who verifies it and pays creditors in the order of their ranking. Secured creditors, such as a bank with a pledge or mortgage, can enforce their security largely outside the bankruptcy.

A supplier with a valid retention of title clause can reclaim goods that are still unpaid and identifiable. The trustee can impose a cooling-off period of up to two months, which a court can extend once by two months. Set-off of mutual claims is often possible, but subject to limits. The trustee can also annul transactions that prejudiced creditors (Article 42 of the Bankruptcy Act). An example is a sale below value shortly before the bankruptcy. Our article on a contract partner's bankruptcy explains the practical steps.

When are directors personally liable after a bankruptcy?

Under Article 2:248 of the Dutch Civil Code, a director is jointly and severally liable for the deficit if two conditions are met. The board manifestly performed its duties improperly, and this was an important cause of the bankruptcy.

The law presumes improper management if the company did not keep proper books or filed its annual accounts too late. The trustee can only rely on this for the three years before the bankruptcy. A director can also be liable towards an individual creditor, for example for entering into obligations the company clearly could not meet. We assess the trustee's claim, the evidence and the room for a settlement. For the internal liability of directors, see our article on Pasal 2:9 KUHPerdata Walanda.

Kumaha damel sareng Law & More dianggo?

1. Introductory meeting: we discuss the claims, the debtor or your own financial position and the urgency.
2. Advice and cost estimate: we set out the options, such as a petition, a WHOA or a settlement, with the risks and costs.
3. Approach and negotiation: we approach the other party, the trustee or the creditors and negotiate where that makes sense.
4. Proceedings or completion: we file the petition or WHOA request, attend the hearing and follow up on the outcome.

What does a bankruptcy lawyer cost?

Our hourly rate is 250 to 350 euros excluding VAT for a lawyer and 300 to 400 euros excluding VAT for a partner. We agree the rate in advance and give you an estimate per phase.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. Court fees for a bankruptcy petition and bailiff's costs are charged separately. Legal aid via the Legal Aid Board (Raad voor Rechtsbijstand) exists, but we do not work on that basis. Tax questions in a restructuring are for your tax adviser; we work alongside them on the legal side.

Saha anu ngurus kasus anjeun?

Insolvency and director liability matters are handled by our corporate lawyers Tom Meevis, pangadeg sareng mitra pengelola, sareng Ruby van KersbergenAnjeun tiasa pendak sareng sadaya tim di halaman tim.

Remen ditanyakeun

Can I file for bankruptcy of a company that owes me money?

Yes, if the debtor has stopped paying and has at least one other creditor. Your own claim must be due and payable and should not be seriously disputed. The petition is filed with the district court by a lawyer. Bear in mind that the debtor's assets are then shared among all creditors, so a petition does not guarantee that you are paid.

Do I need a bankruptcy lawyer to file a petition?

A creditor's bankruptcy petition must be filed by a lawyer. A debtor's own filing does not require a lawyer, but for a company it is in practice prepared with legal assistance. A bankruptcy lawyer also checks whether a petition is the right instrument, compared with a claim in ordinary proceedings or an attachment.

How long does a bankruptcy procedure take?

The hearing on a petition often takes place within a few weeks, and the court decides quickly. The settlement of the bankruptcy by the trustee can take from several months to several years. Creditors receive reports from the trustee, which are published, so you can follow the progress. Simple bankruptcies without assets are often closed relatively quickly.

What is the difference between a WHOA and a bankruptcy?

In a bankruptcy, the company loses control over its assets and a trustee winds it up for the creditors. In a WHOA composition, the company keeps control and offers creditors a deal to restructure its debts. If the court confirms the composition, it also binds creditors who voted against. The aim is to keep a viable business going.

Can a trustee hold me personally liable as a director?

Yes, under Article 2:248 of the Dutch Civil Code if there was manifestly improper management that was an important cause of the bankruptcy. Poor bookkeeping or late filing of annual accounts creates a presumption of improper management. The liability covers the deficit in the estate. A defence and settlement negotiations are often possible, so seek advice as soon as the trustee contacts you.

What happens to my goods supplied under retention of title?

If your general terms contain a valid retention of title clause, the goods remain yours until they are paid. You can reclaim them from the trustee if they can still be identified. The trustee may first impose a cooling-off period. Report your claim to the trustee promptly and document which goods are yours.

Ragu kana posisi anjeun? Caritakeun kaayaan anjeun. Kami bakal ngawartosan anjeun dina hiji dinten kerja naon pilihan anjeun. Anggo pilihan kami bentuk kontak, nelepon +31 40 369 06 80 atanapi surélék info@lawandmore.nl.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) sareng lokasi kunjungan Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Sadia ti Senén dugi ka Jumaah 08:00-22:00, Saptu sareng Minggu 09:00-17:00.

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