Wieringa lawyers
Interview with Peter Bos, lawyer and curator at Wieringa advocaten.
Zuidweg & Partners exists 23 years! We have been helping entrepreneurs with financial problems for 23 years. The guest is Peter Bos, lawyer and trustee at Wieringa advocaten. Peter is regularly appointed by the court as a receiver in bankruptcies and as administrator in moratoriums. As a receiver, Peter mainly represents the interests of the creditors of the debtor who has been declared bankrupt, but he must also take into account the interests of employees, the landlord, the bankrupt himself and the director of the bankrupt (if it is a BV is). Sometimes it concerns conflicting interests.
A company is declared bankrupt by the court. And then? How does such a first interview go? After Peter has been appointed as trustee, he calls the director the same day (assuming it is a BV that has gone bankrupt). He or she invites him or her for a meeting at his office or, if there is another company, he will have a look. He then makes an inventory of what possessions there are. His job is to sell the assets and distribute the proceeds among the creditors. Peter usually tries to arrange a restart, where the entire company is sold. The proceeds from this can then be used for the creditors. Such a relaunch process takes at most a few weeks, but a bankruptcy as a whole can take a year or two. The entrepreneur who has gone bankrupt is obliged to cooperate in the settlement of the bankruptcy.
Peter's tip to entrepreneurs who are in danger of going bankrupt: ring the bell in time! And make sure that the accounts are in order and that the annual accounts have been filed. If not, it could be a reason for liability