Bankruptcies

YUR.

The lawyers of Yur Advocaten are regularly appointed by the court as trustees in bankruptcies or administrators in moratoriums.

This page provides information for creditors and other stakeholders about the settlement of the most recent bankruptcies and moratoriums. You can request information from the insolvency register. Here, you can also consult the bankruptcy reports.

If you have any questions about the settlement of a bankruptcy that is being dealt with by our office, you can send an email to insolventie@yur.nl.

 

Most asked questions about bankruptcies

What is bankruptcy?

When a natural person or legal entity is no longer able to meet its financial obligations and has stopped paying its debts, creditors can file for bankruptcy through a lawyer. A natural person or a company can also file for its own bankruptcy. What is a bankruptcy? And when do we talk about bankruptcy?

When a bankruptcy is declared, a receiver is appointed by the court. The trustee must liquidate the assets of the bankrupt in the interest of the creditors. This is done by, among other things, selling the assets of the bankrupt and collecting claims. The liquidator will also investigate whether a director of a legal entity has performed his duties properly.

The liquidator will further have to take stock of the debts of the bankrupt. When money is available to creditors, the trustee will ensure that the money is paid in the correct legal order to those entitled to it.

Most asked questions about staff

Staff during bankruptcy

In the event of a bankruptcy, the employer is typically no longer financially capable of paying the employees’ wages. Often, operations are also halted. The supervisory judge can authorize the trustee to terminate employment contracts in such cases. Due to the unique circumstances of a bankruptcy, various labor law regulations do not apply. Read here about the implications for employees during bankruptcy.


UWV

The trustees from our office strive to collaborate with UWV representatives to organize a meeting to inform employees about the consequences of bankruptcy. The UWV can also directly handle the practicalities of the dismissal process.


Unpaid wages and the wage guarantee scheme

The payment of unpaid wages prior to the bankruptcy date is generally covered by the “wage guarantee scheme” (Article 61 of the Unemployment Insurance Act). This means that, in principle, your wage payment is guaranteed. The payout for unpaid wages covers up to 13 weeks retroactively from the termination date set by the trustee and up to 6 weeks during the notice period. The UWV also pays the unpaid holiday allowance and pension for up to 1 year. The UWV formally decides on the application, and the trustee has no influence on this decision.


Continuation of contract

During the notice period, the trustee may still require the employees’ services if, for example, it is necessary to complete customer orders.