Debt collection problems after bankruptcy? Get free advice!


Questioner

A Dutch BV (Company NL) has a claim on a German GmbH (Company D). The collection procedure has been completed and company NL has a German so-called 'title' with which the claim can be collected. A lawyer in Germany (who probably received the collection order from the credit insurance of company NL in the past) has this title in his possession and in the meantime a 'Gerichtsvollzieher' (bailiff) is trying to collect the claim on behalf of this lawyer. In the meantime, company NL has gone bankrupt and the trustee has lifted the bankruptcy and the BV has been deregistered from the trade register of the Chamber of Commerce. This BV therefore no longer exists. The lawyer and the Gerichtsvollzieher both indicate that they are claiming on behalf of the NL BV. Can this claim still be collected (legally)?

Lawyer

The mere deregistration of the company from the Chamber of Commerce does not mean that the claim can no longer be recovered. After all, upon dissolution of the company, a liquidation must also take place in the context of which any debts are paid and claims are collected. If the liquidation has not yet taken place, this must still happen. Part of this is that the claim on the German debtor is collected. The funds received can then be used to pay off debts. The liquidation upon swearing in of the company is a legal obligation. If the former director of the company fails to do this, he can be held personally liable by any creditor.

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