FREQUENTLY ASKED QUESTIONS
You can submit your claim online here. When submitting a claim, you are obliged to state the nature (e.g., loan, purchase, sale, rent, wages, compensation for services) and amount of your claim and include documents that support your claim. If you are claiming a privilege, right of pledge or mortgage, a right of retention or a retention of title, you must report this and append supporting documents.
You have a privilege only when that is stipulated by law. For example, the law stipulates that a claim for the costs for applying for a declaration of bankruptcy is a privileged claim. If you are not sure whether you have a right of retention or a retention of title, check the agreement or order confirmation with the bankrupt party or refer to your general terms and conditions if you declared them applicable to the legal relationship between you and the bankrupt party.
You cannot appeal against the dismissal itself, but you can appeal against the permission granted by the bankruptcy judge. You need a lawyer for this appeal. See your dismissal letter for more information about how to appeal.
When a company has gone bankrupt, an employee does not simply transfer to the relaunching party. The new employer can decide whether he/she wants to take over employees and who he/she wants to take over.
The receiver manages and settles the assets of the bankrupt party. The receiver liquidates the company and therefore collects – where possible – money with which to pay some of the creditors. He/she does this, among other things, by selling assets and collecting receivables from third parties. In addition, the receiver investigates the causes of the bankruptcy and the possible liability of the managing director.
Information about the status of a bankruptcy can be found on the website of rechtspraak.nl.
Click on this overview to go to the bankruptcy page you are looking for.
Yes, in every bankruptcy the receiver investigates the causes of the bankruptcy and whether there has been any unlawful act, whether fraud has taken place and whether the company has been properly managed. It is also examined whether the obligation to keep records has been complied with and whether the annual accounts have been filed on time. The receiver will further investigate whether there have been ‘fraudulent acts’ that may have disadvantaged creditors. If the receiver’s investigation gives just cause, the receiver will take (legal) action in consultation with the court.