The deadline: set by the court, usually 14 days before the claims meeting
When a Dutch court declares a company bankrupt (faillissement), it appoints a curator to manage the company's assets. Creditors claim from the bankrupt estate by submitting their claim to that curator for verification.
Dutch law has no fixed period such as France's two months. The deadline is a date: normally 14 days before the first claims verification meeting (verificatievergadering), unless the supervising judge (rechter-commissaris) sets another one (Faillissementswet, article 127). The curator writes to the creditors it knows about with that date (article 109), and the date is also in the court's notice. A claim submitted after it is not verified.
In a suspension of payments (surseance van betaling) the claim goes to the administrator (bewindvoerder) instead, and claims can be submitted until two days before the meeting (article 265).
Who to send it to
- Bankruptcy (faillissement): the curator.
- Suspension of payments (surseance van betaling): the administrator (bewindvoerder).
Both are named in the Centraal Insolventieregister, the Dutch courts' register, with their contact details. InsolvencyRadar links every notice to that official record.
What the claim contains
- The amount owed, with a statement of account.
- Copies of the supporting documents: unpaid invoices, the order or contract, delivery notes.
- Any security or priority you hold, such as a retention of title clause (article 110).
Many curators provide a claim form on their website or with their letter. Using it saves a round of questions.
When there is nothing to share out
Most Dutch bankruptcies end for lack of assets (opheffing wegens gebrek aan baten): 73% of the bankruptcies that ended in 2015, in the latest breakdown from Statistics Netherlands (CBS). Then the costs of the bankruptcy use up what there is, and ordinary creditors receive nothing.
When the supervising judge expects the same from the start, the bankruptcy is wound up in a simplified way (vereenvoudigde afwikkeling, article 137a): there is no claims meeting, and ordinary claims are not dealt with. If assets turn up later, a meeting is held after all.
Either way, submit your claim if the deadline allows: it costs little, and it puts you on the list if money does come in.
Goods supplied on retention of title
A valid retention of title clause (eigendomsvoorbehoud) lets you take back goods that have not been paid for. It covers the price of the goods or work delivered (Burgerlijk Wetboek, article 3:92). Tell the curator straight away.
The court or the supervising judge can declare a cooling-off period (afkoelingsperiode) of up to two months, extendable once by up to two more (article 63a). During it you can take your goods back only with the supervising judge's permission.
Set-off and new deliveries
- Set-off: you may set what you owe the company against what it owes you, if both arose before the bankruptcy or result from dealings with the company before it (article 53).
- Deliveries the curator orders after the bankruptcy are estate debts (boedelschulden). They are paid before ordinary creditors, but only as far as the estate allows: agree payment terms with the curator before you supply.
General information about Dutch law (the Faillissementswet, as in force since 1 September 2026), not legal advice. For a large claim, a Dutch lawyer or the curator or administrator named in the official record can confirm what applies to you.