Apply for bankruptcy

Apply for bankruptcy

Filing for bankruptcy to collect an outstanding claim?

It is sometimes the best way to get your client or client to pay. Even though you might not expect that from such a drastic choice for many.

Need help filing for bankruptcy?

In practice, we notice that many creditors have doubts about filing for bankruptcy. For example, because they think they will have to join the back of the queue. Behind the tax authorities and the bank. Or because of a difficult relationship with the curator , who mainly tries to line his own pockets. We offer you help or give you sound advice on how to approach this.

In practice, filing for bankruptcy appears to be a very effective method of forcing a buyer or customer to pay. And not because of the actual bankruptcy, but because of the threat of bankruptcy if the claim is not paid.

How does it work?

Suppose the company is indeed declared bankrupt. It then becomes difficult to collect the claim. The Tax and Customs Administration and the bank will be at the forefront and it is true that the trustee plays his own role.

However, that is no reason not to file for bankruptcy if your claim remains outstanding. Despite all payment reminders and attempts to force payment, which may mean that you are now at your lips.

Many creditors do not take into account the reaction of the company whose bankruptcy you are filing for. That company will do everything it can to avoid bankruptcy. Because nobody just pulls the plug on a company . And no one wants to let the company go bankrupt and settle the financial affairs with the bank and the tax authorities.

Often there are companies that can continue to exist just fine. And who just like to get on with what they were doing. They just need a clear incentive to pay, for example by filing for bankruptcy.

Payment to avoid bankruptcy

When we file for bankruptcy with the company whose payment to you is not forthcoming, we actually mainly encourage payment. By indicating what is likely to happen if the company does not come forward with the money you still owe.

The pressure is increasing, which means that more is possible than you might initially think. And so that the claim is suddenly paid or you have the opportunity to have a good conversation with each other. And, for example, to make a payment arrangement, for example to pay the outstanding amount in a number of installments.

Tip: During the payment arrangement, the bankruptcy petition can simply be put on hold. This prevents the pressure from going off the boiler too early. Instead, you continue to have the certainty that you will receive the payments until the full amount has been properly paid.

Ultimate collection method: filing for bankruptcy

Are you looking for the ultimate collection method to finally be able to collect an outstanding claim? Filing for bankruptcy is then an excellent choice. A possible bankruptcy leads to the following for the company and its owners:

  • Plug out of the company
    The plug goes out of the company, which the owners have sometimes built up over (decades of) years. That’s something they don’t want to just happen.
  • Enforcement of collateral
    Creditors such as the bank can proceed to the enforcement of collateral. That’s something that business owners like to avoid.
  • Investigation of directors’ liability
    The bankruptcy trustee can investigate the possibilities of directors’ and officers’ liability that have led to this situation.
  • Personal liability
    In some cases directors can be held personally liable for the situation that has arisen. In the case of natural persons, the private assets also fall under the bankruptcy.

Bankruptcy applications via Credifin: 17+ years of experience

Credifin is there for you if you need help with filing for bankruptcy. We help you prepare the necessary documents and ensure that they meet all requirements. Not sure if filing for bankruptcy is the right thing to do? Do you need more legal advice ? We take a closer look at your file and give you insight into the chances of a successful application to the court.

Are you not yet sure whether bankruptcy is the right step, but do you want help with collecting an outstanding invoice? You can also call in our collection agency and we will be there for you. Simply submit your invoice online and we will get to work.

This is what our customers say

“Highly recommended! Very very helpful! Despite it being a relatively small bill, they handled it as if it had been a big one. I am so glad I hired them.”  Studio Rodenhuis

“Very good communication, clear website and secure environment in which documents and communication are shared.”  HSV the Working Dog Teteringen

“Unfortunately I have to use this service sometimes; but i’m happy with it when i need it. I have now been helped 2x; 1x with a private individual and 1x with a company who stuck their heads in the sand…”  Handyman Michel

“I have a very high regard for debt collection agency Credifin, I have been submitting debt collection cases since 2019, almost always with a good result, I found them at the time via a youtube  video  (Engage debt collection agency I Credifin – Professional and innovative collection for fast results!), I thought , that video looks professional, I’m going to give it a try, I created an account and got to work right away, I haven’t regretted it to this day.” Administration office de  Jong

Knowing more?

Frequently asked questions

View all FAQ's

What does a bankruptcy petition cost?

The application must be made by a lawyer. Credifin Netherlands works together with various lawyers who can take care of this process. In addition, you have to take into account the costs at the court, such as the court fee. On average, the costs of an application are € 2000,- excluding VAT

What are the requirements to file for bankruptcy?

There are two important requirements. First of all, it must be an undisputed claim. The debtor may therefore not have defended the claim.

In addition, it must be made clear in the application that the debtor has ceased to pay by referring to at least another creditor who also does not get his bill paid, the so-called support claim (the plurality requirement). There must therefore be at least two parties that have an outstanding claim against the defaulter.

How long does a bankruptcy filing take?

From the date of the order until the date of the court hearing at which the bankruptcy may be declared, the average term is several weeks.

Is filing for bankruptcy cheaper than starting a subpoena?

No, the costs of an average bankruptcy filing are on average higher than those of a regular summons procedure. The pressure to pay, on the other hand, is greater.

Can the costs of a bankruptcy petition be recovered from the debtor?

If the debtor wishes to avoid bankruptcy, he will also have to pay the costs of the application by the creditor.

How do I get a support claim?

Sometimes Credifin Nederland has several claims against a debtor and a second creditor is quickly found. If no second creditor is known, we can start an investigation. In this study, a number of fellow debt collection agencies and bailiffs are approached with the question whether they are aware of a claim against the debtor. The costs of such an investigation amount to 99 euros excl. VAT.

Read more about an aid claim >

Why Credifin?

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  • 100% No cure No pay
  • Letter sent to the debtor the next working day
  • Easy upload of your invoices
  • Follow the collection process 24/7 via your online file
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