Help, my debtor has ceased to exist!
It does happen: the creditor demands his money, but the debtor, a legal person, is no longer registered with the Chamber of Commerce. After an investigation, it turns out that this legal person has now been dissolved and liquidated. So what can you, the creditor, do?
Read more »What happens to current contracts?
Many creditors have a contract that is still current when the liquidation is ordered. What is the status of such contracts, can you get out of them or do you have to enforce compliance?
Read more »How do I create a pledge?
This page gives you a step-by-step plan for the simple creation of a pledge on all kinds of assets. A repledge is required for the creation of a pledge on (new) third-party claims.
Read more »Help, the receiver is contesting my claim.
At times, the receiver will contest a claim that has been presented for validation. What is the best thing to do in such cases? It may be that he thinks the documents he has received are insufficient to assume the existence of a claim. However, such contention is often not voiced until close to the…
Read more »How does the right of retention work in a liquidation case?
Are you in the possession of goods and do you also have an unpaid claim against your debtor? In that case, you may have a right of retention.
Read more »How does retention of title work in a liquidation case?
When you made a delivery subject to retention of title, it means you are still the owner of the goods you delivered, until they are paid. That means these goods do not form part of the assets and the receiver has to return them to you.
Read more »Undue payment
Suppose you accidentally made a payment to a (legal) person who went into liquidation. Will you be able to get your money back?
Read more »How can I set off my claim against a debt?
If the insolvent company owes you money and you owe the insolvent company money, you may rely on setting off your claim against your debt.
Read more »How can I present/report my claims for validation purposes?
You can present your claims to the receiver in writing (by letter or by e-mail), along with an invoice or any other written document that demonstrates your claim and the extent thereof.
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