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Apply for bankruptcy

Apply for bankruptcy to collect an outstanding debt? Sometimes it is the best way to have your customer or client pay. Even though you might not expect that from such a far-reaching choice.

In practice, we have noticed that many creditors have doubts about apply for bankruptcy. For example because they think they have to join the queue at the back. Behind the tax authorities and the bank. Or through a difficult relationship with the curator, who mainly tries to fill his own pockets.

In practice, apply for bankruptcy appears to be a very effective method of forcing a customer or customer to pay. And not because of the actual bankruptcy, but because of the threat thereof 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 authorities and the bank will be at the front and it is true that the bankruptcy trustee plays his own role. However, that is no reason not to file for bankruptcy when your claim remains open. Despite all the payment reminders and attempts to force payment, which means that you may now have a lot to yourself.

Many creditors do not consider the response from the company you are applying for bankruptcy. That company will do everything to prevent bankruptcy. Because nobody just pulls the plug from a company. And no one is waiting to let the company go bankrupt and settle the financial affairs with the bank and the tax authorities.

Payment to avoid bankruptcy

When we file for bankruptcy with the company whose payment is not made to you, we mainly encourage payment. By indicating what is likely to happen, if the company does not come across with the money that you still have.

The pressure is increasing, so that more is possible than you might think at first. And as a result of which the claim is suddenly paid whether you have the opportunity to discuss well with each other. And, for example, 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 held. This prevents the pressure from leaving the boiler too early. Instead, you continue to be assured that you will receive payments until the full amount has been properly paid.

Ultimate means of collection: apply for bankruptcy

Are you looking for the ultimate means of collection to finally be able to collect an outstanding debt? apply for bankruptcy is an excellent choice. A possible bankruptcy leads for the company and its owners to:

  • Plug from the company
    The plug goes out of the company, which the owners have sometimes built up in (decades) years. That’s something they don’t just want to happen.
  • Enforcement of securities
    Creditors such as the bank can enforce collateral. That’s something that business owners like to avoid.
  • Investigation of directors’ liability
    The bankruptcy trustee can investigate the possibilities of director’s liability that led to this situation.
  • Personal liability
    In some cases, directors can be held personally liable for the situation that has arisen.

Do you have any questions?

Would you like to know more about apply for bankruptcy or starting legal proceedings to compel a company to pay or do you have any questions about our working method or costs? Call us on telephone number 020 345 26 75 or send an e-mail to info@credifin-nederland.nl. We would like to hear from you!<

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