{"product_id":"vragen-38159-tot-ons-onvoorstelbaar-verdriet-en-ongeloof-zijn-wij-in-een-negatieve-achtbaan-terechtgekomen-met-on","title":"Bankruptcy Help | Legal Aid","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n To our unimaginable sorrow and disbelief, we have been put on a negative rollercoaster with our business and bankruptcy will most likely be inevitable.\n Our accountant has explicitly advised us not to file for bankruptcy ourselves. We had expected a summons from the court two weeks ago, but behind the scenes nothing seems to be happening. Suppliers do not seem to want to take this step, a. because they are then certain of uncollectible outstanding items and b. the costs of filing for bankruptcy appear to be around € 1500.  \nSo we are currently in a 'vacuum'. Because we can't handle it emotionally anymore, the business has been closed for almost two weeks now.\n The landlord's collection agency keeps insisting on filing for bankruptcy themselves due to the increase in rent arrears. We have decided, outside of emotion, to close the case to avoid further increasing costs.\n Once again, we are strongly advised from various sides NOT to file for bankruptcy ourselves, partly because this will make the path to debt restructuring a difficult and perhaps impossible one.\n But how long can we simply wait for a supplier(s) to make a request without being labelled as having acted reprehensibly or not in good faith, and therefore not ending up in debt restructuring?\n We have worked for almost 15 years about 80 hours a week and are completely devastated. We are 62 and 52 years old and completely at our wits end.  \nWe are a sole proprietorship with 1 full-timer and 3 part-timers in addition to ourselves.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Waiting and doing nothing is definitely not an option. I know from my own experience. It is possible to have an external agency and then your own accountant look at what options there are to save your company or that bankruptcy really can no longer be enforced. In some cases this option is certainly there and I would definitely look at it. In such a process all aspects will be mentioned from restarting to ultimately bankruptcy. If there are no options I advise you to apply for bankruptcy yourself anyway and you have looked at all options yourself.\n \nHowever, that others do not do this will mainly come from the idea that they will not get anything anymore if there is nothing left to catch. Your own accountant will also advise against this because then they will not get any more money and will continue to do work for you. But whether you file for bankruptcy or someone else does not matter. Ultimately, in all cases it will be examined whether there is negligence on the part of the directors and or special circumstances.\n\n If you require further assistance or advice, please do not hesitate to contact me.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Filing for your own bankruptcy will not cost you anything.\n\n Because you have a sole proprietorship, the person in whose name the business is run will also go bankrupt. Also in the case if someone else files for bankruptcy for you. so it makes little difference whether you do it yourself or have someone else do it. Your private assets are also used to pay the creditors (own home etc.)\n \nNormally, for a debt restructuring process, an attempt must be made by the municipal credit bank to reach an amicable settlement with the creditors. In your case, I wonder whether the municipal credit bank will take up your case because it concerns business debts.\n\n If you file for bankruptcy yourself, that bankruptcy can later be converted into a debt restructuring scheme. If the debt burden only increases, then filing for your own bankruptcy is actually wise, because it prevents new, additional debts and makes it easier to enter the debt restructuring scheme.\n\n You should make an appointment with the municipal credit bank as soon as possible. If they indicate that they will not deal with your case, or will only deal with it in a while, then it is better to file for bankruptcy yourself.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55015973552477,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-38159-tot-ons-onvoorstelbaar-verdriet-en-ongeloof-zijn-wij-in-een-negatieve-achtbaan-terechtgekomen-met-on","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}