Best Bankruptcy Lawyers in Ommen

About Bankruptcy Law in Ommen, Netherlands

Bankruptcy in the Netherlands is governed by the Dutch Bankruptcy Act, known as the Faillissementswet. Ommen is in the province of Overijssel, so petitions and related hearings are handled by the District Court of Overijssel. Dutch insolvency law offers several procedures that may fit different situations. Faillissement is formal bankruptcy for companies and individuals where a court appointed trustee, called a curator, manages and liquidates assets for the benefit of creditors. Surseance van betaling is suspension of payments for companies that are temporarily unable to pay but may be viable. WSNP is the statutory debt rescheduling scheme for natural persons, supervised by a court appointed bewindvoerder, that typically lasts around 18 months and can end with a discharge. WHOA is a restructuring framework that allows businesses to agree a court approved plan with creditors to avoid bankruptcy.

Each route has different entry conditions, protections, and outcomes. Choosing correctly depends on your status as a company, sole proprietor, or private individual, the nature and size of debts, available assets, and whether a realistic rescue or payment plan exists. Local practice matters too, including how the regional court schedules hearings and the availability of municipal debt help in Ommen.

Why You May Need a Lawyer

A lawyer can assess which procedure best protects you or your business. If you are a company director, timely advice can reduce the risk of personal liability for improper management. If you are an individual, advice can help you qualify for WSNP and protect essential income under the seizure free allowance. A lawyer can also prepare filings, attend hearings, negotiate with creditors, and safeguard rights to critical assets such as tools of trade or stock under retention of title.

Common situations where legal help is valuable include repeated creditor summons and garnishments, tax arrears with enforcement, bank account freezes, a creditor threatening a bankruptcy petition, warning signals of insolvency in a company such as missed payroll or unpaid VAT, cross border creditor issues, and the need to structure a WHOA plan or apply for a cooling off period. Early advice often preserves options that disappear once a petition is filed.

Local Laws Overview

Who can file. A debtor or a creditor can petition for bankruptcy at the District Court of Overijssel. The court needs to see that there are at least two creditors, with at least one claim due and unpaid. Only debtors can request suspension of payments. Individuals seeking WSNP apply to the court, often after using municipal debt help. Businesses can initiate a WHOA trajectory to restructure debts out of court with judicial approval.

Immediate effects. In bankruptcy, the curator takes control of the estate and most enforcement actions by unsecured creditors are stayed. Management of a company loses disposal powers over assets. Secured creditors such as mortgagees and pledgees keep their security rights, subject to possible court ordered cooling off periods in special situations. In WSNP, enforcement is replaced by a supervised payment plan and a protected income threshold applies.

Priority of claims. In liquidation, proceeds are distributed in a set order. Costs of the estate and the curator are paid first, followed by secured creditors, preferential creditors such as the tax authority and the employee insurance agency, and then unsecured creditors. Subordinated claims are paid last. Contractual retention of title and rights of reclamation may allow suppliers to recover goods delivered but not paid for.

Directors and managers. Directors of a BV or NV can be held personally liable for the deficit in bankruptcy if there is manifestly improper management and that is a major cause of the bankruptcy. The court can also impose a civil director disqualification in serious cases. Keeping timely accounts, filing annual reports, and paying taxes on time are key compliance points the curator and court will review.

Clawback rules. The curator can challenge certain transactions made before bankruptcy that harmed creditors, for example unusual repayments or granting of new security shortly before the filing. These rules, often called actio pauliana, have specific time windows and exceptions.

WSNP specifics. WSNP usually runs about 18 months, with possible extension if circumstances require. You must cooperate fully and follow budget and payment rules under supervision. At successful completion, most remaining eligible debts are discharged. Some debts, such as certain fines or maintenance obligations, may not be dischargeable.

WHOA restructuring. WHOA can bind dissenting creditors and shareholders to a restructuring plan if classes vote in favor and the court confirms it. The court can grant a temporary cooling off period to stabilize the business while negotiating the plan. This procedure is flexible and can be public or confidential.

Local support. The Municipality of Ommen provides debt assistance under the Municipal Debt Assistance Act. Early contact with municipal services can support an amicable settlement and help prepare a WSNP application if needed. The Chamber of Commerce maintains the insolvency notices for registered businesses. The national insolvency register publishes court decisions.

Frequently Asked Questions

What is the difference between bankruptcy, suspension of payments, WSNP, and WHOA

Bankruptcy liquidates assets under a curator for the benefit of creditors. Suspension of payments is a temporary breathing space for companies to restructure but does not apply to individuals and does not protect against secured creditors to the same extent. WSNP is a court supervised repayment program for natural persons that can end with discharge. WHOA is a restructuring process for businesses to restructure debts via a court approved plan without being declared bankrupt.

How do I start a bankruptcy case in or near Ommen

You or a creditor file a petition at the District Court of Overijssel. Evidence must show at least two creditors with one due and unpaid claim. A hearing is typically scheduled quickly. If granted, the court appoints a curator and a supervisory judge. A lawyer can prepare the petition and represent you, especially if you want to argue against a creditor filed petition.

Can a single creditor force me into bankruptcy

Generally the court requires at least two creditors. A petitioning creditor often demonstrates another creditor exists with an unpaid claim. If you dispute the debt or can pay immediately, you may resist the petition. Fast legal help is important because hearings can be scheduled on short notice.

Will I lose my home or car in bankruptcy or WSNP

In bankruptcy, the curator may sell assets that are part of the estate, including a home or car, subject to mortgages and exemptions. In WSNP, you keep income up to the seizure free allowance and may keep essential assets needed for work and family life if the budget allows. Each case is fact specific, so get tailored advice early.

How long does WSNP last and what happens at the end

WSNP generally lasts about 18 months. During this period you must cooperate, maximize income, and pay what you can to the estate. If you comply, the court can grant a discharge at the end, which releases you from most remaining eligible debts. If you do not comply, the court can terminate without discharge.

What happens to my bank accounts and wages after a bankruptcy order

Bank accounts are usually frozen for a short period until the curator assesses the situation. The curator coordinates with your employer on wage payments and the applicable seizure free allowance if you are an individual. In a company bankruptcy, employees may be paid by the employee insurance agency under the wage guarantee scheme.

What if I run a sole proprietorship in Ommen

Sole proprietors are personally liable with their private assets. Bankruptcy of the business is also personal bankruptcy. WSNP can be available to natural persons including self employed, sometimes allowing continued business on strict terms. A lawyer can help choose between WSNP, WHOA restructuring, or winding down.

Can I use WHOA to avoid bankruptcy of my small business

Yes, if your business is viable after restructuring. WHOA lets you propose a plan to classes of creditors and shareholders, and seek court confirmation. The court can grant a temporary cooling off period and approve new financing or contract changes. Specialist legal and financial advice is strongly recommended due to technical requirements.

Are foreign debts and creditors included

Yes. Dutch procedures generally cover worldwide assets and liabilities for debtors whose main interests are in the Netherlands. EU rules on cross border insolvency and recognition apply. Creditors abroad must be notified and can file claims. Special rules may apply to assets or proceedings in other countries.

How much does it cost to file and can I get legal aid

There are court fees for petitions and potential deposits for creditor filed bankruptcies. Costs vary by procedure. Individuals with low income may qualify for subsidized legal aid. Ask a lawyer to estimate fees and check eligibility for legal aid, and contact the municipality for free or low cost debt assistance.

Additional Resources

District Court of Overijssel. Handles bankruptcy, WSNP, suspension of payments, and WHOA matters for Ommen and the region.

Municipality of Ommen Debt Assistance. Provides intake, budgeting, and amicable settlement services under the Municipal Debt Assistance Act.

Netherlands Chamber of Commerce. Maintains business registrations and publishes insolvency notices for companies.

Employee Insurance Agency UWV. Administers the wage guarantee scheme if an employer goes bankrupt or has suspension of payments.

Tax and Customs Administration Belastingdienst. Preferential creditor in insolvency and a key negotiation partner in restructurings.

Legal Aid Board Raad voor Rechtsbijstand. Manages subsidized legal aid for eligible individuals.

Dutch judiciary insolvency register. Public information on bankruptcy, WSNP, and WHOA decisions and appointments.

Netherlands Bar Association Nederlandse Orde van Advocaten. Source to find licensed insolvency and restructuring lawyers.

Nibud and Geldfit. Nonprofit information and screening tools for budgeting and debt advice to support early intervention.

Next Steps

Act quickly if you are missing payments or receiving collection actions. Early advice preserves options such as WHOA or WSNP that may not be available later. Gather key documents, including recent financial statements, tax returns, creditor lists with amounts and due dates, contracts, leases, loan agreements, payroll data, and any court papers you have received.

Contact a lawyer who practices insolvency and restructuring in Overijssel. Explain your situation, objectives, and timeline. Ask about urgent measures such as opposing a creditor petition, requesting a cooling off period, or stopping a garnishment. Discuss whether bankruptcy, WSNP, or a restructuring plan is most suitable.

Engage with the Municipality of Ommen for debt assistance if you are an individual or self employed. This can support amicable settlements, help prepare a WSNP application, and stabilize your budget.

Communicate with key creditors early and only make payments in line with advice to avoid creating preference risks. Keep accurate records and avoid unusual transactions before any filing.

This guide is general information, not legal advice. For a decision that protects your interests in or near Ommen, consult a qualified Dutch lawyer who can review your facts and act on your behalf.