We offer you the opportunity to have a meeting with a specialist at very low costs – namely: € 100 – to find out whether bankruptcy is the way out for your company or institution, or whether there are better alternatives.

You can make your own declaration yourself

A legal entity (BV, NV, cooperative, association or foundation) can itself declare bankruptcy. The engagement of a lawyer is not mandatory for this. First choose the right where you need to be via this link . You will find a form to fill out at Rechtspraak.nl. Step by step you can fill in the form and upload attachments.

Self-declaration of bankruptcy is intended as a simple and quick procedure, but in practice it is sometimes disappointing to realize your own declaration. For example, a shareholders’ register and an overview of debtors and creditors must be sent. Sometimes that doesn’t work. In such a case, consult a lawyer about how the application can still be continued.

Bankruptcy or liquidation?

There are cases where liquidation is better than bankruptcy. If the estate is completely empty and therefore no income can arise for the creditors, the directors are expected to settle the legal entity that can no longer meet its obligations. This is called liquidation. After a liquidation, a legal person ceases to exist.

What if shareholders are against bankruptcy?

With BVs and NVs it regularly happens that one or more shareholders are against filing for bankruptcy. Then you cannot file your own declaration. The reason for this is that the shareholders’ meeting must make a decision on the bankruptcy petition. In those cases, the bankruptcy can sometimes arise at the request of one or more other shareholders who do want bankruptcy. They are often also creditors. In that situation, it may also happen that a shareholder who does not file for bankruptcy via his own declaration, but via his own application, participates in a restart of the company. Of course, another creditor can also file for bankruptcy.

What if documents are missing?

Self-declaration of bankruptcy is intended as a simple and quick procedure, but in practice it is sometimes disappointing to realize your own declaration. For example, a shareholders’ register and an overview of debtors and creditors must be sent. Sometimes that doesn’t work. In such a case, consult a lawyer about how the application can still be continued.

Other cases where you need a lawyer

There are also many situations in which it is wise to seek advice from a lawyer beforehand. Please consider the following issues:

  • Are you liable for shortfalls as a director? Is there anything you can do about that?
  • Do you want to restart? If so, then it must be well prepared.
  • Is your company healthy but do you have a temporary liquidity problem? Then you can think of a suspension of payments .
  • Have you issued any guarantees or joint and several liability? Then you want to know what consequences the bankruptcy has for your private situation.