Debt rescheduling verdieping

TEN strijde tegen corona hebben wij voor u de meest gestelde vragen op een rij gezet. Lees meer Helpdesk

JURISDICTION

Debt rescheduling

The debt rescheduling lawyers of TEN

Have you come to the point that you can no longer pay your creditors? Or are you beyond that and have already been admitted to the statutory debt restructuring scheme (WSNP)? Then turn to us for advice and practical support.

Header-Schuldsanering
You can no longer pay your creditors

The situation seems hopeless. You make a payment arrangement with one creditor and then the next one starts making urgent demands. You have almost caught up with payments, but then your salary is suddenly attached. It seems as if you are getting deeper and deeper into trouble and you can no longer see the wood for the trees. 

Administrator

When you don’t know where to start, we can take you by the hand.Asking for help can be a big step and we realise that. That is why together we look for the best route for you. For example, we can offer a composition to your creditors or start a debt assistance process. If that does not work, we can apply for administration or admission to the WSNP scheme.

Debt rescheduling for natural persons

This concerns not only you personally, but also as the owner of a sole proprietorship, a partner in a partnership or partner in a company. A WSNP application for natural persons is always preceded by an amicable process, during which we try to reach an out-of-court agreement with the creditors with a payment proposal in return for final discharge. If this is not possible, we can initiate the WSNP application. Because the court needs information about your income and your debts, it is important that your administration is in order.

Debt rescheduling for entrepreneurs

The way to debt restructuring is also open to (former) entrepreneurs if you are personally liable for your business debts. You can make a direct request for debt restructuring.We first examine the possibilities for reaching an agreement with your creditors. If this is not possible, you can submit a request for application of the statutory debt restructuring scheme. It may occur that a creditor has filed for your bankruptcy in the meantime. The court will then give you the opportunity to use the WSNP. Sometimes a bankruptcy can be converted into the WSNP. We can assist you in this. 

You have already been admitted to debt restructuring

You have completed the preliminary phase and been admitted to the WSNP. You have been assigned an administrator, perhaps even from our office. But what now? In short, the administrator has four tasks:

  • Control: he checks that you are meeting your obligations.
  • Inform: he keeps the court informed about the progress of your debt restructuring.
  • Communicate: he keeps in touch with the creditors.
  • Manage: he manages the estate (your goods and money).

In principle, the debt restructuring scheme lasts three years. During this period, you must comply with four obligations:

  • Contribute to the estate: you must make ends meet an amount calculated by the administrator. All excess income is set aside for the creditors.
  • Inform: you must keep the administrator informed of your income, your fixed costs, but also of matters that play a role in your personal situation.
  • Apply or work: you must work full-time. If you do not have a full-time job and are not fully incapacitated for work, you must apply for work.
  • New debts: you may not create new debts. You must therefore have your administration in order and have insight into your financial situation.

If you cannot meet these obligations independently, you can get help from, for example, a budget manager or administrator.

Clean slate

Your ultimate goal is to start a debt-free future. If you meet the conditions for debt restructuring for three years, the court will grant you a clean slate. Your past debts then cannot be recovered from you. While it does not mean that the debts are cancelled or do not exist, payment can no longer be demanded of you. Our specialists in the field of debt restructuring can assist you in all these phases.

Want to know more? Then contact our WSNP section.

Relevant articles (in Dutch)

Ask your question

Name

City

Phone number

Email address

Regarding
Message