Aid claim

Use an aid claim?

It is one of the important conditions to be able to file a bankruptcy application for a debtor who does not pay. So are you planning to file for bankruptcy with the court? The aid claim is an important part of this.

Keep in mind that the aid claim itself must meet a number of requirements. Only in this way is it possible to make use of it within the application and the court will make use of it.

Investigation into the bankruptcy

Do you want to file for the bankruptcy of a non-paying customer or debtor? The court will briefly assess whether the debtor is in a situation where no more payments are made. Brief in this case means that there is no in-depth investigation. It must, for example, be established that there are several creditors, including of course yourself. It is also important that the creditors have remained unpaid, of which you are of course the first to experience this.

Requirements for an aid claim

Do you need a support claim for the bankruptcy application? It is important that it properly meets the requirements. You need at least one such claim, although it is not necessary to name it verbatim in the application. It is important to indicate that there are still one or more other claims that have remained unpaid. It is important that an invoice is available, for example, which shows the name and amount of the debt on further investigation.

Curious about the requirements that apply to an aid claim? We list them:

  • Not due
    You can use a support claim, even if it is not due and payable. It is important that your own claim is, if you want to file a bankruptcy petition.
  • The circumstance
    Do you want to use a support claim? It does not matter whether another creditor (such as the tax authorities) leaves the debtor alone and does not (yet) act on it.
  • Not desirable
    Does the creditor whose support claim you want to use not even consider it desirable to file for the debtor’s bankruptcy? Even then you can use it.
  • No payment arrears yet
    Is there not yet a payment arrears in the repayment of the debt? That does not matter for the aid claim, so you can just use it.

Knowing more?

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