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Worrying financial developments and other conditions in which companies are no longer able to pay their creditors, may cause a company to go bankrupt. Bankruptcy can be a nightmare for anyone involved. When your company has financial problems, it is very important to contact an insolvency lawyer. Whether it concerns a bankruptcy petition or a defence against a declaration of bankruptcy, our bankruptcy lawyer can advise you on the best approach and strategy.
Law & More assists directors, shareholders, employees and creditors of parties that have been filed for bankruptcy. Our team strives to take measures in order to limit the consequences of a bankruptcy. We can advise on reaching settlements with creditors, enable a relaunch or assist in legal proceedings. Law & More offers the following services regarding the bankruptcy:
- providing advice in relation to bankruptcy or deferment;
- making arrangements with creditors;
- making a restart;
- advising on the personal liability of directors, shareholders or other interested parties;
- conducting legal proceedings;
- filing for bankruptcy of debtors.
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If you are a creditor, we can assist you in implementing right of suspension, lien or set-off to which you are entitled. We can also assist you in enforcing your security rights, such as right of pledge and mortgage, right of retention of title, bank guarantees, security deposits or actions on account of joint and liability.
If you are a debtor, we can assist you in answering questions relating to the above-mentioned security rights and associated risks. We can also advise you on the extent to which a creditor is entitled to practise certain rights and assist you in the event of wrongful execution of these rights.
According to the Bankruptcy Act, a debtor who expects that he will not be able to pay outstanding debts may apply for a deferment. This means that a debtor is granted for a delay in payment. This delay can only be granted to legal entities and natural persons who exercise an independent profession or business. Also, it can only be applied for by the debtor or the company itself. The purpose of this delay is to avoid bankruptcy and to allow the company to continue to exist. Referment gives the debtor time and opportunity to get his business in order. In practice, this option often leads to payment arrangements with debtors. Referment can therefore offer a solution in the event of impending bankruptcy. However, debtors do not always succeed in getting their business in order. A delay in payment is therefore often considered as a precursor to bankruptcy.
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In accordance with the Bankruptcy Act, a debtor, who is in the situation that he has failed to pay, shall be declared bankrupt by court order. The purpose of bankruptcy is to divide the debtor’s assets among the creditors. The debtor could be a private person, such as a natural person, a one-man business or a general partnership, but also a legal entity, such as a B.V. or a N.V. A debtor can be declared bankrupt if there are at least two creditors.
Additionally, at least one debt must be unpaid, while it should have been. In that case, there is a claimable debt. Bankruptcy can be filed for both on the applicant’s own declaration and at the request of one or more of the creditors. If there are reasons relating to the public interest, the Public Prosecutor’s Office can also file for bankruptcy.
After a declaration of bankruptcy, the insolvent party loses the disposal and management of its assets belonging to the bankruptcy. The insolvent party will then no longer be able to exercise any influence on these assets. A trustee will be appointed; this is a judicial trustee who will be charged with the management and liquidation of the insolvent estate. The trustee will therefore decide on what will happen with the assets of the bankrupt. It is possible that the trustee will reach an arrangement with the creditors. In this context, it can be agreed that at least part of their debt will be paid off. If such an agreement cannot be reached, the trustee will proceed to complete the bankruptcy. The estate will be sold and the proceeds will be divided among the creditors. After settlement, a legal entity that has been declared bankrupt will be dissolved.
Do you have to deal with insolvency law and would you like to receive legal support? Please contact Law & More.
Do you want to know what Law & More can do for you as a law firm in Eindhoven and Amsterdam?
Then contact us by phone +31 40 369 06 80 or send an e-mail to:
mr. Tom Meevis, advocate at Law & More – email@example.com
mr. Maxim Hodak, advocate at & More – firstname.lastname@example.org