Frequently Asked Questions

• How do I submit my claim?

  You can submit your claim here. When submitting your claim, you need to specify the nature and amount of your claim, add proof that substantiates your claim. If you wish to claim a right of privilege, a right of pledge or mortgage or a right of retention, you will need to specify this.

• When am I informed by the bankruptcy trustee about the status of the claim I have submitted?

  After submitting your claim you will receive an acknowledgement of receipt. The bankruptcy trustee will assess your claim and inform you about the outcome of this assessment. It may take some time before the trustee has completed his assessment and has sent you the outcome.

• Where do I find information about the status of a bankruptcy?

  You will find information about the status of a bankrupt in the bankruptcy reports, which can be found here.

• I have submitted a claim, but I wish to amend (the amount of) my claim or my contact details. How do I do that?

  You can inform the bankruptcy trustee abount changes via here.

• I still have a debt to the debtor. Do I no longer have to pay this debt?

  In principle, you still have to pay this debt.

• I wish to pay a debt to the debtor. Into which account do I have top pay the money?

  The money should be paid into the estate account. You can ask the bankruptcy trustee for the account number of the estate account here.

  Please note: do not pay into the existing account of the debtor. You run the risk of having to pay your debt again.

• What are the duties of a bankruptcy trustee?

  The bankruptcy trustee (curator) manages and liquidates the debtor's estate. This is done by, inter alia, collecting claims that the debtor has and by selling the assets of the estate. The bankruptcy trustee also investigates the causes of the bankruptcy.

• What are the duties of the supervisory judge?

  The supervisory judge (rechter-commissaris) has inter alia the task to supervise the bankruptcy trustee and the way in which the bankruptcy is handled. The Dutch Bankruptcy Code states in this respect that the bankruptcy trustee needs approval for certain acts or intended acts from the supervisory judge.

Assets

• I want to buy assets from a bankrupt company. How can I do that?

  If you are interested in buying assets from a specific estate or if you want to be notified when new assets are offered via this site, then please click here.

  If you are a private individual you cannot buy assets via this website.

• Where can I see the assets that are presently offered for sale?

  The assets that are presently offered for sale can be found here.

Creditors

• I have a claim against the debtor. Can I still collect this debt?

  If you think that you have a claim against the debtor, you can submit this to the bankruptcy trustee. You can file your claim here . After the opening of a bankruptcy procedure you or a collection agency on your behalf can no longer seek recourse for your claim. In principle, it is also no longer possible to start legal proceedings against the debtor or attach property to enforce payment of your claim.

  Do you have a claim that is secured by a right of pledge or mortgage? In such a case we request that you contact the bankruptcy trustee.

• How can I submit a claim?

  You can submit your claim here. When submitting your claim, you need to specify the nature and amount of your claim, add proof that substantiates your claim. If you wish to claim a right of privilege, a right of pledge or mortgage or a right of retention, you will need to specify this.

• When am I informed by the bankruptcy trustee about the status of the claim I have submitted?

  After submitting your claim you will receive an acknowledgement of receipt. The bankruptcy trustee will assess your claim and inform you about the outcome of this assessment. It may take some time before the trustee has completed his assessment and has sent you the outcome.

• I have submitted a claim, but I wish to amend (the amount of) my claim or my contact details. How do I do that?

  You can inform the bankruptcy trustee about changes via insolvency@houthoff.com.

• My claim has been provisionally admitted by the bankruptcy trustee. What does this mean?

  A provisional admission means that the bankruptcy trustee has concluded that prima facie your claim is valid. If it turns out that sufficient funds are available to make a distribution, the bankruptcy trustee will assess your claim definitively.

• My claim has been provisionally disputed by the bankruptcy trustee. What does this mean?

  If a claim is provisionally disputed, it means that the bankruptcy trustee has concluded that prima facie your claim is not valid or that more information is required to support the claim. In the event that a claim is disputed, the bankruptcy trustee will inform you of the reason for disputing the claim. He may also ask for more information.

• My claim against the debtor has been admitted by the bankruptcy trustee. Will this claim now be paid?

  The admission of your claim does not yet mean that you will receive money. The bankruptcy trustee will only pay if there are sufficient funds available to pay the creditors in whole or in part. In making payments the bankruptcy trustee will follow the statutory priority order. This entails that certain types of creditors have to be paid in full before other types of creditors receive money. See here the Preferentielijst_WAF_20101452258147.PDF and Preferentielijst_Schepen_&_Luchtvaartuigen1452258157.PDF about the different kinds of claims and their priority order.

  In general, the bankruptcy trustee will not be able to assert until the end of a bankruptcy whether there are sufficient funds available to pay your claim. You will be notified about this.

• I ordered and paid goods before the commencement of the bankruptcy proceedings. Will these goods still be delivered?

  Typically, these goods will no longer be delivered. In that case you can submit a claim to the bankruptcy trustee. This can be done here. When submitting your claim, you need to specify the nature and amount of your claim, add proof that substantiates your claim. If you wish to claim a right of privilege, a right of pledge or mortgage or a right of retention, you will need to specify this.

• Prior to the bankruptcy I had property attached. What will happen with that attachment?

  Upon opening of the bankruptcy procedure, in principle, all the attachments levied are cancelled.

• I have an agreement with the debtor. Does this agreement end as a consequence of the bankruptcy?

  The basic premise is that, in principle, a bankruptcy has no effect on existing, reciprocal agreements, unless the agreement itself provides otherwise. The agreement does not end automatically as a consequence of the opening of the bankruptcy procedure. The bankruptcy trustee cannot terminate (opzeggen) the agreement, unless specified otherwise in the agreement. The bankruptcy trustee is, however, not held to fulfil the agreement.

  Different rules apply to specific agreements, e.g. lease agreements, employment contracts and agreements for the supply of gas, water and electricity.

• I lease (business) premises or movable property to the debtor. Has the lease agreement with the bankruptcy ended as a consequence of the bankruptcy?

  If the debtor leases immovable or movable property, both the bankruptcy trustee and the lessor can terminate the lease agreement subject to a notice period of three months (or less if this arises from the lease agreement or local custom). The lease agreement does not end automatically.

• I accidently deposited money in the debtor's bank account after opening the bankruptcy. Can I still get this money back?

  That depends. If you can prove that the deposit was amanifest error, it might be possible to get the money back. In any event you should contact the bankruptcy trustee.

• The debtor owes me money, but I also owe money to the debtor. Am I allowed to set off these claims?

  If you wish to invoke a right of set off, please contact the bankruptcy trustee via insolvency@houthoff.com. Please add all relevant information about your debt to the debtor and your alleged counterclaim.

• I still have goods belonging to the debtor in my possession. Do I have to give back the goods to the bankruptcy trustee?

  In principle you have to go back the goods. If you have goods of the debtor in your possession, please contact the bankruptcy trustee via insolvency@houthoff.com. Please add all relevant information about the goods in your possession

• I delivered goods subject to retention of title. What will happen with these goods and can I claim them?

  If you believe that you delivered goods to the debtor subject to retention of title, we request you to contact the bankruptcy trustee as soon as possible and send him all relevant documents. Please contact the bankruptcy trustee via insolvency@houthoff.com.

Employees

• Is the bankruptcy trustee authorized to dismiss me without reason?

  If the supervisory judge has given authorization, the bankruptcy trustee may dismiss you.

• Can I appeal against my dismissal?

  You cannot appeal against the dismissal itself, but you can appeal against the authorization given by the supervisory judge for this dismissal. For this appeal you need a lawyer. More information about how you can appeal can be found in your notice of dismissal.

• Does the trustee also investigating possible fraud or mismanagement in a bankruptcy?

  Both the employee and the bankruptcy trustee can terminate the employment contract during the bankruptcy, but the bankruptcy trustee requires the authorization from the supervisory judge. The employment contract can be terminated subject to the notice period agreed in the agreement or, if not (expressly) agreed, the statutory notice period. If the notice period is longer than six weeks, the employment contract can be terminated by the bankruptcy trustee with effect from a date of not more than six weeks after notice of termination has been given. In the end, the Employee Insurance Agency (UWV) determines the length of the notice period.

• What do I do if I become ill during my notice period?

  Please report this to your contact person at the Employee Insurance Agency (UWV). If at that time you are still working on the instructions of the bankruptcy trustee, you also have to contact the bankruptcy trustee. That can be done via insolvency@houthoff.com. During illness you are obliged to fulfil your rehabilitation obligations.

• Do I have to continue to work during the bankruptcy, even if I have been dismissed?

  During the notice period you have to continue to fulfil the obligations arising from your employment contract. This means that you are obliged to work. The bankruptcy trustee may decide that you no longer have to work during the notice period.

• I planned a vacation during my notice period. Can I go on vacation?

  You can – if you have enough vacation days – in principle and after consulting the bankruptcy trustee go on vacation. You do also have to consult your contact person at the Employee Insurance Agency ((UWV) in advance.

• My employer still owes me salary from before the bankruptcy order. Will this salary still be paid to me?

  On the basis of the Dutch Unemployment Insurance Act (Werkloosheidswet), the Employee Insurance Agency (Employee Insurance Agency (UWV)) pays – within certain limits - the salary in arrears of an (still employed) employee in the event of a bankruptcy of an employer. The provision for this is called the wage guarantee scheme (Loongarantieregeling).

  On the basis of the wage guarantee scheme, the Employee Insurance Agency (UWV) pays in principle:

  • Wages in arrears for a period up to thirteen weeks prior to the day of the bankruptcy;
  • The wages during the notice period;
  • Accrued vacation pay, expense allowances arising from the employment contract and pension contributions for a period up to one year prior to the day of the bankruptcy order.

  Starting 1 January 2016 the wage guarantee scheme for claims regarding wages will be limited to one and a half times the maximum daily wage. The amount of vacation pay (vakantiegeld) or vacation bonus (vakantiebijslag) to be received over a maximum period of one year is limited, starting 1 January 2016, to 8% of the amount that is in keeping with a wage that is equal to one and a half times the maximum daily wage.

  If your salary entitlements do not fall (in full) under the wage guarantee scheme, you can submit a claim for the uncovered part to the bankruptcy trustee for assessment.

• How long does it take before my salary in arrears is paid by the Employee Insurance Agency (UWV)?

  For the answer to this question you have to contact the Employee Insurance Agency (UWV). The bankruptcy trustee does not have influence on this.

• Do I have to register as a job seeker?

  If you do not have the prospect of new employment you are obliged to register as a job seeker with the Employee Insurance Agency (UWV). See for more information www.werk.nl.

• How do I register with the Employee Insurance Agency (UWV)?

  You do not have to register with the Employee Insurance Agency (UWV). The UWV will appoint an officer in charge. This person will contact you.

• I have been dismissed by the bankruptcy trustee. Will I receive a termination payment, e.g. a severance payment?

  No. If you are dismissed during a bankruptcy, you are not entitled to a severance payment or any other termination payment.

Legality

• I have evidence to suggest that a director of a bankrupt company has committed fraud.

  Do you have a serious indication that the director of a bankrupt company committed fraud and can you substantiate this by means of documents? Please contact the bankruptcy trustee via insolvency@houthoff.com.

• Does the bankruptcy trustee also investigate possible fraud or mismanagement in a bankruptcy?

  Yes, the bankruptcy trustee will investigate whether fraud has been committed in the years prior to the bankruptcy and whether the company has been managed properly. The bankruptcy trustee will further investigate whether there have been any fraudulent acts. If there is sufficient indication to do so, the bankruptcy trustee will take (legal) action.

• What can the bankruptcy trustee do in the event of fraud in a bankruptcy?

  Has a possibly criminal act been committed? Then the bankruptcy trustee can report this to the Central Reporting Centre Bankruptcy Fraud (Centraal Meldpunt Faillissementsfraude). The bankruptcy trustee can also try to recover any damage, from the relevant person.

Other questions

Disclaimer

• Our disclaimer applies to this FAQ.

  This disclaimer can be found here.