How do I apply for my own bankruptcy?
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Detailed explanation, checklist and sources
Use the official court form: no mandatory lawyer or court fee for your own bankruptcy. First check debt assistance/Wsnp and legal form. Applying for someone else's bankruptcy instead requires a lawyer.
On this page
1. Your situation
Conditions: ceased payments and at least two debts to different creditors, one due. List debts, creditors, due dates, income and assets. For individuals including entrepreneurs, debt assistance then Wsnp may be preferable: Wsnp may discharge covered debt; bankruptcy does not automatically do so. Residual debts generally remain enforceable, subject to an approved composition. The trustee serves joint creditors, not your ongoing administration/payments.
2. Conditions
Use Rechtspraak's DigiD Eigen aangifte faillissement form matching individual, person with former/current business, vof, cv, bv, nv, foundation, association or listed foreign entity. Sole trader with any community property: spouse/registered partner also signs; vof: other individual partners; cv: other individual managing partners. Curatorship requires curator signature; protective administration requires administrator's position. Follow the complete current attachment list.
3. Preparation
Choose the court for residence/statutory seat. Post two copies of form/attachments or deliver both to the information desk, insolvency registry. Completing online is not proof of filing. Withdraw in writing beforehand or orally at hearing. Usually summons within days and private hearing within six weeks. You may state in writing no oral explanation is needed, but the judge can still summon you. If summoned attend; co-signers attend or supply written authority.
4. Apply
As creditor of someone else, your lawyer files alone or with other creditors. With multiple petitions, the court hears the oldest suitable one. Only petitioner-creditor may request adjournment through lawyer/form, maximum four times/eight weeks; withdrawal through official form or counsel orally. Creditor and lawyer attend the private hearing; both parties can agree in writing to no hearing. Debtor may defend orally/in writing without mandatory lawyer. Individual debtor is told about Wsnp within 14 days of summons. This differs from filing a claim after existing bankruptcy.
5. Decision
Usually ruling at hearing or one/two weeks later. Approval is immediate with trustee/supervisory judge, CIR/Staatscourant and attachment except essentials; you lose asset control and mail goes to trustee. Creditors submit claim/evidence to trustee, not new attachment; verification/distribution determine payment. A pending undecided petition is not public. CIR retains termination for six months; older history through insolvency registry or debtor's non-bankruptcy certificate covering five years. Trustee complaint: letter to supervisory judge.
6. Next steps
Own filing has no court fee, possible advice costs. Creditor filing requires lawyer and consulted fees € 93 low means, € 341 individual, € 735 organisation, within four weeks of filing per invoice. Late payment can prevent consideration; fee remains. Check current rates, municipal special assistance/legal aid. Refusal of own/creditor petition: lawyer appeals within 8 days of judgment; cassation thereafter within 8 days also requires lawyer. Bankruptcy sought by another has distinct opposition/appeal rules: use defence route urgently. Our preparation files nothing.
Does my own bankruptcy erase my debts?
Not automatically. Bankruptcy usually does not discharge debt and ongoing administration/payment remains yours. Discuss debt help/Wsnp before filing; assess composition effects separately.
Documents to prepare
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For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.
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Contact with a lawyer
You can use the chat and information without a phone number. A contact request requires a phone number, a verified email address and your wish for telephone contact. Our team assesses which partner fits your question. Data is shared only under the stated consent procedure. A partner or engagement is not guaranteed.
View the current application processSources
Need personal assistance? Request a lawyer through our chat. We explain the next step; submitting a request does not engage a lawyer. The links below support the legal information.
Rechtspraak · Eigen aanvraag ↗Rechtspraak · Schuldeiser ↗Rechtspraak · Kosten ↗Rechtspraak · Vragen ↗Rechtspraak · Faillissement ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.