The hearing is not public.
The district court may decide on the petition without an oral hearing if you and the defendant have notified it in writing that you agree to this.
You must be present
You, as the creditor/applicant, as well as your lawyer, must appear at the hearing. If, without prior notification, no one appears at the hearing on your behalf as the applicant, the court may reject the petition.
Your debtor does not have to attend
It is not mandatory for the debtor/defendant to be present at the hearing. However, if the debtor/defendant does not appear at the hearing and has not submitted a written statement of defence, the court can declare the debtor bankrupt in a verstekvonnis (default judgment). The debtor can appeal against a default judgment.
As the creditor, you will be given the opportunity to explain your petition verbally. Your debtor can put forward an oral defence or explain their defence in writing. Does your debtor want to rely on documentary evidence in their oral defence? Then the debtor must submit this in triplicate, not later than at the hearing. The district court will ensure that you receive one copy of the documents submitted. The judge will ask questions during the hearing in order to assess whether or not to approve the petition. In all cases, for your petition to be approved, the debtor’s situation must meet
the legal requirements (in Dutch).