If you have been declared bankrupt and you do not agree with this, you can lodge an appeal or opposition.
What is resistance?
Objection is a legal procedure before a court to reverse a bankruptcy order. An appeal can be lodged if the person or company/institution declared bankrupt has not appeared and has not responded to the case (legally: if the judgment was pronounced in absentia).
What is an appeal?
An appeal is a legal procedure before a court of appeal to reverse a bankruptcy order by the court. An appeal can be lodged if the person or company/institution that has been declared bankrupt has responded in the proceedings (this can also be a registration to put forward a defence, so that the court considers the case as a “contradictory” case instead of a “contradictory” case. default”).
What should I do with the curator?
The fact that you lodge an appeal or opposition does not have a suspensive effect. This means that the judgment and therefore also the appointment of the trustee is immediately valid. If you lodge an appeal or opposition, we will inform the curator and ask him to take a wait-and-see attitude.
Lawyer is required
A lawyer is required to lodge an objection or appeal. The situation that arises after a declaration of bankruptcy is very complicated. You lose the right to manage your assets and make payments from your own account. You therefore need specialist help.
Strategy, action plan
You discuss the chances of the case with your lawyer. If you acknowledge the debt for which you have been declared bankrupt, it will have to be paid in order to get out of bankruptcy. We therefore very often sit at the table with third parties who want to make a financial contribution. In the case of companies, this often concerns shareholders or another BV. In the case of private individuals, it usually concerns family. A complication is that other debts may become due and payable as a result of the bankruptcy. For example, a loan for which you only had to pay interest. So we need to involve other creditors and ask for cooperation.
The legal position of third parties
We have a lot of experience with the help of third parties who can help you get out of bankruptcy. The bottom line is that we not only work for you, but also for those who want to help you. We ask the third party to deposit the necessary amount into a third-party account. The money is used if the target is achieved. Because the money is in our account, we can issue guarantees. This helps to convince the creditors.
It is also possible that you do not acknowledge the debt for which you have been declared bankrupt, regardless of whether or not you can pay that debt. In that case, we will discuss with you whether an appeal or opposition has a chance and we will defend you against the claim.
What are the deadlines?
The time limits for appeal and opposition are very short:
- on appeal: 8 days
- in case of opposition: 14 days
Because we have to put the arguments on paper immediately, we advise you to contact us as soon as possible after you have become aware of the bankruptcy order. You can usually contact us within a day.