Your debtor has completed a WSNP debt restructuring procedure and the court has granted them a ‘clean slate’ (schone lei). What does that mean for you as a creditor? In most cases: very little. But not always. This article explains how the system works, what the exceptions are, and what steps you can still take.
The Wet Schuldsanering Natuurlijke Personen (WSNP) — the Dutch Natural Persons Debt Restructuring Act — is embedded in the Bankruptcy Act (Faillissementswet, Fw) and applies when a private individual can no longer meet their financial obligations. The explicit purpose of the legislation is to give debtors a fresh financial start after a period of restructuring. The price creditors pay for this is significant: once the court grants the clean slate, most claims are no longer enforceable.
1. How long does a WSNP procedure last?
Under Article 349a Fw, the debt restructuring period lasts eighteen months by default. The court may extend this to a maximum of five years, for example if the debtor fails to comply with their obligations or if exceptional circumstances apply. During the procedure, a court-appointed administrator (bewindvoerder) manages the estate: collecting income, supervising the debtor, and reporting periodically to the supervising judge (rechter-commissaris).
As a creditor, your influence during this phase is limited. You can submit your claim for verification (Art. 349aa Fw) and lodge an objection with the supervising judge if you believe the administrator is not performing their duties properly (Art. 317 Fw). However, control lies with the court and the administrator — not with you.
2. The clean slate: what does it mean in practice?
Article 358 Fw stipulates that once the clean slate is granted, creditors can no longer enforce claims that fell within the scope of the debt restructuring. The claim continues to exist as a so-called ‘natural obligation’ (natuurlijke verbintenis) — but it is no longer enforceable through the courts, bailiffs, or attachment proceedings. Debt collection steps have no further legal effect.
This also applies to claims that arose during the WSNP procedure, provided they are not classified as estate debts (boedelschulden). The Supreme Court (Hoge Raad) confirmed this in 2024 (ECLI:NL:HR:2024:1913). An unpaid invoice dated after the start of the WSNP but before the clean slate will, in principle, also fall within the scope of the procedure.
The system is therefore designed to provide broad protection for the debtor. This was a deliberate policy choice by the legislature: without a genuine clean slate, debt restructuring would fail its purpose.
3. The exceptions: when can you still recover?
The law provides a limited number of situations in which claims fall outside the clean slate. These are the most important ones:
a) Criminal compensation claims
Claims arising from a criminal conviction are excluded from the clean slate under Article 358(4) Fw. The Supreme Court confirmed this in 2022 (ECLI:NL:HR:2022:1252). If you suffered harm as a result of a criminal act for which your debtor was convicted, you can continue to pursue recovery after the WSNP has ended.
b) Mortgage-secured claims
If you hold a mortgage right over a registered property (such as a residential home) that was not foreclosed during the WSNP, you retain your right of enforcement after the procedure concludes. In that case, the clean slate does not apply to your claim for as long as the collateral has not yet been sold. This follows from Article 358(5) Fw and has been confirmed by the Supreme Court (ECLI:NL:HR:2009:BG7996 and ECLI:NL:HR:2016:1135).
If the property is sold after the WSNP and a residual debt remains, you can recover that residual debt in full. However, if the sale takes place during the WSNP, the residual debt does fall within the clean slate.
c) Estate debts
Debts that arose during the WSNP procedure and qualify as estate debts (boedelschulden) are excluded from the scope of the restructuring. These typically include costs incurred by the administrator in managing the estate. If you hold an estate debt as a creditor, you can still recover it after the procedure ends.
d) Student loans
Under Article 299a Fw, student loans are in principle excluded from the scope of the WSNP. This means that the Dutch student finance authority (DUO) can, in some cases, still pursue recovery after the clean slate has been granted. Note that this is a specific exception applying only to this category of debt.
4. What if the debtor committed fraud or failed to meet their obligations?
The clean slate is not an absolute right. If the debtor fails to comply with their obligations during the WSNP procedure, the clean slate can be refused or subsequently revoked.
Early termination without a clean slate
Article 350(3)(e) Fw empowers the court to terminate the WSNP early if the debtor culpably fails to fulfil their obligations. In that event, all old debts become fully enforceable again. Recent case law (ECLI:NL:RBDHA:2025:9670 and ECLI:NL:RBDHA:2026:1711) confirms that courts actively apply this remedy in cases of serious non-compliance, such as concealing income or bank accounts.
Revocation of the clean slate after the fact
Article 358a Fw gives creditors the option to have the clean slate revoked after the WSNP has ended, if it subsequently emerges that the debtor provided false information or acted to the detriment of creditors. Recent decisions by the Arnhem-Leeuwarden Court of Appeal (ECLI:NL:GHARL:2025:4351) and the ‘s-Hertogenbosch Court of Appeal (ECLI:NL:GHSHE:2025:1444) demonstrate that courts take this remedy seriously.
If you suspect fraud, act promptly. During the WSNP you can submit a request to the supervising judge under Article 317 Fw, or ask the administrator to commission an investigation. Filing a criminal complaint is also always an option: Articles 341 and 194 of the Dutch Criminal Code criminalise the intentional prejudicing of creditors.
5. Watch out for limitation periods: your rights can expire
Even if a claim falls outside the clean slate, that does not mean you can wait indefinitely. Limitation periods continue to run. The general rule is that contractual claims become statute-barred after five years (Art. 3:307 Civil Code), with an absolute maximum period of twenty years (Art. 3:311 Civil Code).
If you hold a mortgage-secured claim and delay enforcement after the WSNP, make sure to interrupt the limitation period in time. After the property is sold, the limitation period for any residual debt starts running afresh (ECLI:NL:HR:2026:231) — but even that period will eventually expire.
In short: after the WSNP ends, do not lose sight of your claims. Monitor limitation periods and take timely steps to interrupt them where necessary.
6. Set-off after the clean slate: virtually excluded
A question creditors frequently ask: can I set off my claim against an amount I owe the debtor myself? The answer is, in principle, no. The Supreme Court ruled in 2019 (ECLI:NL:HR:2019:377) that a claim subject to the clean slate is merely a natural obligation. Because it is not enforceable, the right of set-off under Article 6:127(2) Civil Code is absent.
Set-off is only still possible if both claims arose before the start of the WSNP and the remaining conditions of Article 307 Fw are satisfied.
7. International creditors: does the clean slate apply across the EU?
If you are a foreign creditor, or if the debtor resides in another EU member state, the EU Insolvency Regulation (Regulation (EU) 2015/848) applies. Under this regulation, the WSNP is recognised as the main insolvency proceeding in all EU member states, provided the debtor’s centre of main interests is located in the Netherlands.
This means the clean slate is, in principle, also effective against foreign creditors and is recognised in other EU member states. If you failed to submit your claim in the Dutch WSNP procedure in time, you will not be able to pursue recovery after the clean slate — not in the Netherlands and not elsewhere in the EU.
8. What can you concretely do as a creditor?
In summary: your options as a creditor in a WSNP situation are limited but not negligible. The most important steps are:
- Submit your claim for verification on time and correctly (Art. 349aa Fw). A claim that is not submitted will nonetheless fall within the clean slate.
- Monitor the procedure actively. If you suspect the debtor is not complying with their obligations or is committing fraud, take prompt action via the supervising judge (Art. 317 Fw).
- Check whether an exception to the clean slate applies: criminal compensation claim, mortgage-secured claim, estate debt, or student loan.
- Interrupt limitation periods in good time, including after the WSNP has concluded.
- In cases of fraud, consider filing a criminal complaint and requesting revocation of the clean slate under Art. 358a Fw.
- Engage legal counsel early. The procedures are technical and the deadlines are strict.
Conclusion
The WSNP system is designed to give debtors a clean slate. As a creditor, you will often bear the financial consequences. However, the law does provide genuine exceptions, and where fraud or non-compliance is involved, you have real options to prevent the clean slate from being granted or to have it revoked afterwards. Knowledge of the rules and timely action are essential.
Would you like to know what your recovery options are in a specific situation? Law & More is happy to assist. We advise creditors both in the lead-up to a WSNP procedure and throughout and after the process.