When one of your customers ends up bankrupt, this usually also has significant, negative consequences for your organisation.
In many countries, there are limited options available to you as a supplier if your customer declares bankruptcy. However, should your customer reside in the Netherlands, there may be more you can do.
For many companies it is often unclear what the rights and obligations are when a customer goes bankrupt. Moreover, in the event of a bankruptcy you no longer have contact with the organisation itself, but a 'curator' is appointed to settle the bankruptcy.
Our insolvency lawyers can assist you if your client is declared bankrupt in the Netherlands. We make sure that the damage to your organisation is limited.
What can we do for you?
- Legal advice on current agreements with your bankrupt customer;
- Retrieve your goods by means of Retention of Title or right to reclame (recht van reclame)
- Negotiate with the curator
- Advice on your rights as a landlord of a business building,movable property or lease
- Director's liability: making the director(s) liable in the event of serious personal reproach
- Advice to limit your risks in the event of bankruptcy
- The preparation of securities such as pledge, bail or retention of title to prevent damage if a customer goes bankrupt.
Negotiating with the curator
If your customer has been declared bankrupt in the Netherlands, you must make agreements with the curator about current agreements. If you do nothing, then the agreements will in principle continue. We are experts in bankruptcy. Our insolvency lawyers have been regularly appointed as curators by the Dutch court. As a result, they have extensive knowledge and experience with the completion of bankruptcies and they know how a curator acts and thinks. With us on your side, we can use this knowledge to help you when you are dealing with a bankrupt customer in the Netherlands.
Retrieving goods from your bankrupt customer
We can help you to retrieve goods from your bankrupt customer in the Netherlands by invoking property retention and the right to reclaim (recht van reclame). In practice, we regularly see that when the retention of title is invoked, the curator states that no valid retention of title has been established so that you do not get your goods back. Through our legal knowledge and practical experience as a curator in the Netherlands, we are a formidable opponent for the curator and we know exactly what options there are in your situation.
Advice about a bankrupt customer in the Netherlands
Is your Dutch customer, supplier or tenant declared bankrupt and do you want to know what your options are? Contact us today. Our insolvency lawyers ensure that the damage to your organisation is limited.