How do I defend a bankruptcy petition?
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Detailed explanation, checklist and sources
Respond to the court summons and its deadline. Oral or written defence does not require a lawyer, but remedies after bankruptcy have very short deadlines and require one.
On this page
1. Your situation
Check whether payments have ceased and there are at least two debts to different creditors, one due. One unpaid invoice alone does not establish this. Explain disputed sums, payment, due dates and creditors with evidence. Individuals, including sole traders/general or managing limited partners, are told in the summons about a Wsnp petition within 14 days; seek debt help promptly. Bankruptcy does not automatically discharge debts.
2. Conditions
Negotiate, but a payment agreement does not withdraw proceedings automatically. The creditor can withdraw in writing before or orally at the hearing. Only the creditor through counsel can request adjournment: at most four times within eight weeks. Seek court confirmation and prepare your defence while the petition remains pending.
3. Preparation
Written: explain each ground for refusal and attach evidence. Send three copies of defence and attachments to the insolvency registry or hand them to the court desk by the summons deadline. The court gives one to the creditor. Oral: explain at the hearing and provide evidence in triplicate no later than then. Do not use a template without completing facts and checking the file.
4. Apply
The hearing is private. Attendance by the respondent is not compulsory but strongly recommended; neither attending nor filing written defence may produce default bankruptcy. Creditor and lawyer must attend; unexplained absence may result in refusal. Both parties can agree in writing to no hearing. Usually heard within six weeks, ruling immediately or generally one/two weeks later; not guaranteed.
5. Decision
Written defence incurs court fees: the consulted table lists € 93 for qualifying low means, € 341 individuals and € 735 organisations. Check category/current invoice; lawyer costs may be extra. The source's four-week period from petition filing must not blindly be applied to your defence; follow your invoice. Late payment may prevent consideration without cancelling the fee. Ask the municipality about special assistance and counsel about legal aid.
6. Next steps
Bankruptcy takes effect immediately: trustee and supervisory judge, CIR/Staatscourant publication, loss of asset control and mail to trustee, essential living items excepted from attachment. Your ongoing administration/payments remain your responsibility; trustee is not a budget adviser. Creditors file evidence with trustee instead of new attachment; verification/distribution follows and residual debts normally remain. Default: lawyer files opposition at the same court within 14 days of judgment. Otherwise appeal through lawyer within 8 days, then cassation within 8 days. Do not wait for negotiations/our help. Trustee complaint: reasoned letter to supervisory judge.
Draft defence — check before filing
No automatic filing or legal determination. Insert true facts, attach evidence and follow the summons deadline/three copies. Post-judgment remedies require a lawyer.
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Your edits stay on this page and are not automatically saved or sent. Complete every placeholder.
Does a payment agreement stop the case?
Not automatically. Obtain confirmation of withdrawal/adjournment by the authorised party and court. Keep observing summons and remedy deadlines.
Documents to prepare
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Summons, petition and deadline
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Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.
Is my evidence sent?
No. You only note where it is kept. No files are uploaded or sent automatically.
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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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For example: which document is missing, who can provide it and what should I do first?
Record the date and its source. If unknown, note this and check promptly. This tool does not calculate or monitor deadlines.
After your conversation
These are your own notes. Confirm agreements with the other person; these notes do not prove their agreement.
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Clear entries
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- Summons, petition and deadline
- Disputed debt/payment evidence
- Other creditors and due dates
- Three defence/evidence sets
- Fee, hearing and Wsnp route
- Judgment date and urgent lawyer
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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 · Verweer ↗Rechtspraak · Kosten ↗Rechtspraak · Vragen ↗Rechtspraak · Faillissement ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.