Insolvency proceedings in the Netherlands

Information about bankruptcies can be found in the Central Insolvency Register (http://insolventies.rechtspraak.nl/). If the bankrupt is a company, bankruptcy reports will be published and are to be found in the Central Insolvency Register.

There are three types of insolvency proceedings under the Dutch Bankruptcy Act:

1. bankruptcy (faillissement) in which the debtor’s assets, including assets which have been acquired after the declaration of bankruptcy, are liquidated in order to pay the creditors’ claims; this applies to companies, other legal entities (such as foundations and associations), commercial partnerships and natural persons;

2. suspension of payments (surseance van betaling) whereby the debtor is given temporary relief against its creditors in order to reorganize and continue its business, and ultimately to satisfy part of the creditors’ claims; this can be granted to most companies and legal entities and to natural persons carrying out a business or practising an independent profession; and

3. a debt rescheduling scheme (schuldsanering) in which the debtor’s assets are liquidated for the benefit of his creditors and the debtor must make a maximum effort to generate funds to repay his creditors in a period of three years, with the objective to give the debtor the possibility of a ‘fresh start’; this is only open to natural persons.

If you would like more information about the different types of insolvency, please read the information in the various articles published on this subject.

 

Publisher: Van Ewijk advocaten mediators


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