Bankruptcy filing and continue?
We were recently approached by an entrepreneur with a private company (bv). Over time, various payment arrears have arisen, including in premium payments to the employees' pension fund. The pension fund is now threatening to file for bankruptcy. By filing for bankruptcy, there is a good chance that the pension fund will be fully compensated in the pension payment. The UWV will then take over the payment obligation for the overdue premium up to one year prior to the bankruptcy.
This can make it attractive for both the pension fund and the employees to file for bankruptcy.
However, bankruptcy does not seem to be the best solution for everyone involved in this case. The company is still running well and generates sufficient income to meet all current payment obligations in the long term. This situation requires a creative approach. The consultants of Zuidweg Bedrijfsherstel are happy to lend a helping hand.
In this case, the arrears with the pension fund will have to be paid in full. This means that before the other creditors are approached, an arrangement is made with the pension fund. This can be in the form of a payment arrangement in installments, but also by means of a credit. Once agreement has been reached on the method of payment of the pension fund's claim, work can be done on a solution for the rest of the debt position. Naturally, the required payment margin for these other creditors has already been taken into account when determining the payment arrangement with the pension fund.
Threats of bankruptcy do not necessarily mean an end to the company, but can be the start of a new build.
Zuidweg Bedrijfsherstel helps entrepreneurs and companies that cannot (yet) be assisted by their municipality. These are often entrepreneurs with debts, but whose business is nevertheless still going well. Zuidweg Bedrijfsherstel offers the entrepreneur and the company perspective, including through legal services, support in creditors management, insight into financial position and offering creditors' agreements.
Zuidweg & Partners