Fill in the ‘Eigen aangifte faillietverklaring’ (declaration of bankruptcy) form (in Dutch). You are the petitioner: the person filing for bankruptcy.

Who can file for bankruptcy?

The petitioner can be:

Signature

You are the petitioner, so you sign the form. Requirements for you to be able to sign:

• Sole trader: if you and your husband/wife/civil partner have a legal ‘community of property’ (gemeenschap van goederen), your husband/wife/civil partner must also sign the petition.
• Commercial partnership: all other partners who are private individuals must sign the petition.
• Limited partnership: all other managing partners who are private individuals must sign the petition.
• In cases of guardianship: if one of the private individuals has a guardian, the guardian must also sign the petition.
• In cases of administration: if one of the private individuals is under administration or protective administration, the administrator must give his or her opinion about the petition

Submitting the petition

On the form, select the court in the area where you live or where your organisation is legally registered. The form tells you which documents you need to provide. You can submit the form in 1 of 2 ways: either 1) send 2 copies of the form and the documents; or 2) mark the form for the attention of the ‘Insolventiegriffie’ (insolvency clerk), and give 2 copies to the staff at the information desk at the courthouse.

Withdrawing a petition

You can choose to withdraw your bankruptcy petition. You can do this at the hearing, or you can write a letter withdrawing your petition before the hearing.

Summons to the hearing

A few days after the court receives your petition, the court will invite you, the petitioner, to go to the hearing. This ‘summons’ (invitation) tells you when and where the hearing will take place. Bankruptcy hearings usually take place on the same day each week, often on Tuesdays.

If you do not need to explain your request in person

If you, the petitioner, do not want or need to explain your petition in person during the hearing, you can write a letter to tell the court this when you submit your petition. The judge can then make a decision without an ‘oral hearing’ (talking about the case during a hearing). If the judge thinks that the case needs a hearing, the court will invite you to that hearing.

At the hearing 

If you have received a summons, you must go to the hearing to explain your case in person. If you do not go to the hearing, it can be bad for your case. The court will also invite the person who signed the petition with you (for example your husband/wife or partner) to go to the hearing. If that person does not go to the hearing, you must give the judge a document written by that person which contains his or her power of attorney (authorisation to act for someone else).

During the hearing

The judge will ask questions during the oral hearing. The judge will check to see if you meet the requirements, and he or she will then decide whether or not to grant your petition.

The judge usually makes a decision (in Dutch this is known as a vonnis or 'ruling') during the hearing. If this is not possible, he or she will decide as soon as possible, usually within 1 or 2 weeks. The court will send you the decision. 

Granting the petition

If the judge agrees to your petition:

• you or your organisation will be declared bankrupt straight away
• the judge will appoint an insolvency practitioner (someone who acts on behalf of a bankrupt person or business)
• the judge will appoint a supervisory judge

Publication

The court registrar will add the decision to the court's bankruptcy register and the European Insolvency Register. The decision will also be published in the Dutch Government Gazette.

Effects of the bankruptcy order

Rejection

If the judge rejects the bankruptcy petition and you do not agree with his or her decision, you can appeal against the decision.

Appeal

If the judge rejects your bankruptcy petition, you can appeal that decision. Send your case to the court of appeal for them to review it. You must do this within 8 days after the judge makes the decision. You need a lawyer for this; your lawyer must write the appeal. 

Cassation

If you do not agree with the decision of the court of appeal, you can then appeal in cassation within 8 days. An appeal in cassation is when you ask the Supreme Court of the Netherlands to dismiss a decision that was made by a court of appeal. You also need a lawyer to do this.