Bankruptcy
- Bankruptcy
- Relaunch
- Director's Liability
- …
Bankruptcy
Entrepreneurship is hard work. But sometimes hard work is not enough to avoid bankruptcy. When bankruptcy threatens, it is important to be well prepared. This is to minimize the risk of personal liability and maximize the chances of a relaunch.
You have received a summons in bankruptcy. Belgian bankruptcy law has a whole host of rules and conditions that must be met before the court declares bankruptcy. We therefore assist you to appear before the court as prepared as possible and possibly avoid bankruptcy. If bankruptcy is nevertheless declared, we can also assist you in filing an opposition or appeal against the bankruptcy.
If the bankruptcy is final, a receiver is appointed by the court. The trustee takes over the management of the company, so to speak. The trustee will make an overview of the company's assets and liabilities. He will then try to sell the assets and distribute the proceeds to the creditors. We can also represent you at this stage of the bankruptcy process.
In some cases, it is possible to make a relaunch. The assets of the bankrupt company are bought from the trustee and operations are then continued in a new company. This way, you can start again with a clean slate without the problems of the past. We accompany you throughout the restart. We conduct the negotiations with the receiver, provide the necessary agreements and ensure a legal structure where you run the least risk in business and private life.
As part of its remit, the trustee will also conduct an investigation into fraud or mismanagement. A director of a bankrupt company can in fact be personally sued by the receiver or the creditors on the basis of the so-called director's liability. Finally, it is the court that decides whether the director Also in these cases, we have the necessary experience to assist you in court to defend your interests.
Of course, you can also come to us if you are faced with a debtor who has been declared bankrupt. Thanks to our experience, we offer the necessary support in negotiations and follow-up with the receiver in this case as well.
