Bankruptcy Act

TITLE I
 BANKRUPTCY

• Chapter 1 Declaration of Bankruptcy
  (Articles 1 - 19b)
  • Article 1 Request for a bankruptcy order
  • Article 2 Court where a request for a bankruptcy order must be lodged
  • Article 3 Immediate additional request for the application of the Debt Repayment Scheme
  • Article 3a Request for a bankruptcy order and for a Debt Repayment Scheme order
  • Article 3b Request for bankruptcy when the debtor already falls under the scope of a Debt Repayment Scheme
  • Article 4 Formal requirements for a request for a bankruptcy order
  • Article 5 Requests must be lodged by an advocate
  • Article 6 Rendering of the bankruptcy order
  • Article 7 Right to seal off the property of the debtor pending the investigations
  • Article 8 Appeal or objection by the debtor against the bankruptcy order
  • Article 9 Possibility of appeal for the petitioner
  • Article 10 Others who may make an objection against the bankruptcy order
  • Article 11 Possibility of appeal for others than the petitioner
  • Article 12 Appeal in cassation
  • Article 13 Acts already performed by the liquidator remain valid and binding for the debtor
  • Article 13a Termination of an employment agreement when the bankruptcy order has been nullified
  • Article 14 Appointment of magistrate and liquidator in bankruptcy; publication of information
  • Article 15 Consequences of the nullification of a bankruptcy order
  • Article 15a Bankruptcy order rendered on appeal or appeal in cassation
  • Article 15b Conversion of bankruptcy into the Debt Repayment Scheme
  • Article 15c Legal actions regarding the conversion of bankruptcy into the Debt Repayment Scheme
  • Article 15d Acts performed during bankruptcy remain valid after a conversion into the Debt Repayment Scheme
  • Article 16 Termination of the bankruptcy because of insufficient assets
  • Article 17 Exemption from court fees
  • Article 18 Termination of the bankruptcy; publication
  • Article 19 Publication in the bankruptcy registers of the District Court
  • Article 19a Central bankruptcy register
  • Article 19b Registrations to be made in international insolvency proceedings
• Chapter 2 Effects of a Declaration of Bankruptcy
  (Articles 20 - 63e)
  • Article 20 Liquidation estate
  • Article 21 Assets not falling under the scope of the liquidation estate
  • Article 22 Definition of 'bankrupt debtor'
  • Article 22a Entitlements based on a life insurance agreement
  • Article 23 No right of disposition; no right of administration
  • Article 24 Obligations arisen after the declaration of bankruptcy
  • Article 25 Rights of actions (legal actions) exercised during bankruptcy
  • Article 26 Right of actions exercised by the submission of a claim for verification
  • Article 27 Legal proceedings started by the debtor and still pending on the day of the declaration of bankruptcy
  • Article 28 Legal proceedings started against the debtor and still pending on the day of the declaration of bankruptcy
  • Article 29 Lawsuits for the performance of an obligation pending at the start of the bankruptcy
  • Article 30 Pleadings already submitted at the start of the bankruptcy
  • Article 31 Acts of the debtor performed during legal proceedings to harm is creditors
  • Article 32 Pending lawsuits when insolvency proceedings in another EU Member State are opened
  • Article 33 Seizures (attachments) made before the declaration of bankruptcy
  • Article 33a [repealed]
  • Article 34 Foreclosures already started before the start of bankruptcy
  • Article 35 Transfers still to be completed by the debtor after the declaration of bankruptcy
  • Article 35a Not registered qualitative obligation
  • Article 35b Donation under a condition precedent or time stipulation
  • Article 36 Expiration of prescription period or statutory time limit during bankruptcy
  • Article 36a Expiration of a set time limit during bankruptcy
  • Article 37 Mutual agreements entered into prior to the bankruptcy
  • Article 37a Claims on account of a rescission or nullification of an agreement; claims for compensatory damages
  • Article 37b Obligations for the regular supply of gas, water electricity and heat
  • Article 38 Delivery of goods traded on a commodity market
  • Article 38a Hire-purchase agreements
  • Article 39 Lease and farm lease agreements
  • Article 40 Employment agreements and commercial agency agreements
  • Article 41 Inheritance acquired by the bankrupt debtor
  • Article 42 Principle of fraudulent conveyance in bankruptcy
  • Article 43 Legal presumption of the existence of fraudulent conveyance
  • Article 44 [repealed]
  • Article 45 Legal presumption of fraudulent conveyance when juridical acts are performed gratuitously
  • Article 46 [repealed]
  • Article 47 Nullification of the performance of a due and demandable obligation
  • Article 48 Performance to the holder of a debt instrument to order or bearer
  • Article 49 Rights of actions based on Articles 42 - 48
  • Article 50 The ending of legal proceedings after a final arrangement (composition) with the creditors
  • Article 51 Legal effects of a nullification on the ground of fraudulent conveyance
  • Article 52 Performance made in good faith to the debtor after he had been declared bankrupt
  • Article 53 Setting-off a claim against a debt to the bankrupt debtor
  • Article 54 Situations in which a set-off is not permitted
  • Article 55 Set-off of a debt against a claim to order or bearer
  • Article 56 Community of property with the bankrupt debtor
  • Article 57 Distribution of sale proceeds (pledgee, mortgagee, limited proprietor)
  • Article 58 Position of the liquidator towards a pledgee and mortgagee
  • Article 59 Sale proceeds are not sufficient to fully pay a pledgee, mortgagee or limited proprietor
  • Article 59a Mortgages and privileges on aircraft
  • Article 60 Right of retention
  • Article 60a Assets placed under a fiduciary administration of property
  • Article 60b Assets under fiduciary administration that remain outside the bankruptcy
  • Article 61 Private (personal) property of the spouse or registered partner of the bankrupt debtor
  • Article 62 [repealed]
  • Article 63 Marital community of property
  • Article 63a Cooling-off period
  • Article 63b Rights of a pledgee during the cooling-off period
  • Article 63c Attachment as referred to in the Tax Collection Act 1900 levied by the Tax Collector
  • Article 63d Pledge on account of a financial collateral agreement
  • Article 63e Declaration of bankruptcy on account of a financial collateral agreement
• Chapter 3 Administration of the Liquidation Estate
  (Articles 64 - 86)
  • § 1 The magistrate (64- 67)
    • Article 64 Tasks of the magistrate
    • Article 65 Obligation of the court to hear the magistrate first
    • Article 66 Powers of the magistrate; hearing of persons
    • Article 67 Appeal against an order of the magistrate
  • § 2 The liquidator (68- 73a)
    • Article 68 Tasks of the liquidator
    • Article 69 Objections against (intended) acts of the liquidator
    • Article 70 Two or more appointed liquidators
    • Article 71 Remuneration of the liquidators
    • Article 72 Protection of third parties; liability of the liquidator for performed acts
    • Article 73 Dismissal of a liquidator
    • Article 73a Reports to be lodged regularly by the liquidator
  • § 3 The Creditors Committee (74- 79)
    • Article 74 Appointment of a provisional creditors committee
    • Article 75 Appointment of a creditors committee
    • Article 76 Right of inspection and of information of the creditors committee
    • Article 77 Meeting of the liquidator and the creditors committee
    • Article 78 Situations in which the liquidator needs to obtain the advice of the creditors committee
    • Article 79 Liquidator intends to act contrary to the advice of the creditors committee
  • § 4 Creditors Meetings (80- 84)
    • Article 80 Magistrate and liquidator attend the creditors meeting
    • Article 81 Votes cast at the creditors meeting
    • Article 82 Persons entitled to vote at the creditors meeting
    • Article 83 Appearance at the creditors meeting in person or through representatives
    • Article 84 Creditors meetings convened by the magistrate
  • § 5 Court Orders (85- 86)
    • Article 85 No appeal or other remedies available against court orders of the District Court
    • Article 86 Court orders are enforceable immediately
• Chapter 4 Positions after the Declaration of Bankruptcy and the Administration by the Liquidator
  (Articles 87 - 107)
  • Article 87 Taking the bankrupt debtor into custody (detention)
  • Article 88 Release from custody
  • Article 89 [repealed]
  • Article 90 Appearance required of a bankrupt debtor who is detained
  • Article 91 Bankrupt debtor needs consent to leave his residence
  • Article 92 Liquidator must immediately take possession of all assets and records of the bankrupt debtor
  • Article 93 Sealing off the assets of the liquidation estate
  • Article 93a Right of the liquidator to enter places in the performance of his duties
  • Article 94 Inventory of the liquidation estate
  • Article 95 Assets not belonging to the liquidation estate are included in the inventory list
  • Article 96 List of assets and liabilities and of the creditors and their claims
  • Article 97 Publication of the Inventory list and the list of creditors
  • Article 98 Continuation of the enterprise of the bankrupt debtor by the liquidator
  • Article 99 Opening of letters and telegrams; statements made in relation to the liquidation estate
  • Article 100 Maintenance allowance for the bankrupt debtor
  • Article 101 Right of the liquidator to dispose of assets from the liquidation estate
  • Article 102 Money and valuables to be kept in safe custody; investment of cash surplus
  • Article 103 Right of the liquidator to dispose of money and other valuables
  • Article 104 Right of the liquidator to enter into settlement agreements
  • Article 105 Obligation of the bankrupt debtor to appear and to provide information
  • Article 106 Provisions applicable in respect of Directors and Supervisory Directors of a bankrupt legal person
  • Article 107 Provision of copies by the clerk of the court
• Chapter 5 Verification of Claims
  (Articles 108 - 137)
  • Article 108 Date to submit claims; date and place of the verification meeting
  • Article 109 Liquidator notifies all known creditors of the data necessary for the verification of their claims
  • Article 110 The way in which claims must be submitted for verification
  • Article 111 The way in which a submitted claim is verified
  • Article 112 List of provisionally admitted claims and list of disputed claims
  • Article 113 Indicating whether a claim has preference or is secured by a mortgage, pledge or right of retention
  • Article 114 Publication of the lists of provisionally admitted and disputed claims
  • Article 115 Information duty of the liquidator prior to the verification meeting
  • Article 116 Bankrupt debtor must attend the verification meeting in person
  • Article 117 Obligations imposed on the Directors of the bankrupt legal person
  • Article 118 [repealed]
  • Article 119 Rights of the creditors at the verification meeting
  • Article 120 Affirmation under oath made by a creditor regarding the soundness of his claim
  • Article 121 Official report of admitted (undisputed) claims
  • Article 122 Procedure when a claim is disputed
  • Article 122a Adjournment of legal proceedings
  • Article 123 Production of evidence for a disputed claim of a creditor
  • Article 124 Notification of the creditor whose claim is disputed
  • Article 125 Provisional admittance of disputed claims by the magistrate
  • Article 126 Dispute of a claim by the bankrupt debtor
  • Article 127 Moment that a claim must be submitted in order to be verified
  • Article 128 Admission of interest accrued after the declaration of bankruptcy
  • Article 129 Admission of a claim under a condition subsequent
  • Article 130 Admission of a claim under a condition precedent
  • Article 131 Admission of claims that are not yet due and demandable
  • Article 132 Submission of the unpaid part of a secured claim as an unsecured claim
  • Article 133 Admission of claims with an uncertain value or a value in foreign currency
  • Article 134 Admission of claims to bearer
  • Article 135 [repealed]
  • Article 136 Admission of claims of a co-debtor
  • Article 137 Publication of the report and the official record of the verification meeting
• Chapter 5A Simplified Winding-up of a Bankruptcy
  (Articles 137a - 137g)
  • Article 137a No assets available to settle unsecured claims even in part
  • Article 137b Liquidator contests a claim or the priority ranking (right of preference) attached to it
  • Article 137c Realisation of the assets of the liquidation estate; distribution plan
  • Article 137d Approval of the distribution plan by the magistrate
  • Article 137e Objections raised against the deposited distribution plan
  • Article 137f State of insolvency; distribution of fixed amounts
  • Article 137g New assets discovered during the winding-up process
• Chapter 6 Final Arrangement with the Creditors (Composition)
  (Articles 138 - 172a)
  • Article 138 Final arrangement for payment with the creditors
  • Article 139 Draft for a final arrangement with the creditors
  • Article 140 Written opinion on the draft for a final arrangement with the creditors
  • Article 141 Adjournment of the discussion and decision on the draft for a final arrangement
  • Article 142 Liquidator informs the creditors not present at the verification meeting of the adjournment
  • Article 143 Creditors excluded from voting on the draft for a final arrangement
  • Article 144 Bankrupt debtor may defend and amend the draft for a final arrangement at the meeting
  • Article 145 Acceptance of the draft for a final arrangement
  • Article 146 Adoption of the draft for a final arrangement by the magistrate
  • Article 147 Later changes do no affect an acceptation, adoption or rejection
  • Article 148 Official record of the meeting on a final arrangement with the creditors
  • Article 149 Request to correct the official record of the meeting
  • Article 150 Hearing of the District Court in order to sanction the final arrangement
  • Article 151 Submission of reasons for refusing the sanctioning of the final arrangement
  • Article 152 The public hearing
  • Article 153 Grounds for the refusal of a sanction
  • Article 154 Appeal against the court order of the District Court
  • Article 155 Way to make an appeal
  • Article 156 Appeal in cassation
  • Article 157 Sanctioned final agreement is binding on all unsecured creditors
  • Article 158 No new proposal for a final arrangement after a sanction is rejected or refused
  • Article 159 Enforceable judgement against the bankrupt debtor and involved sureties
  • Article 160 Continuation of the rights of creditors against third persons
  • Article 161 Ending of the bankruptcy after the sanction has become final and binding
  • Article 162 Rendering of accounts by the liquidator
  • Article 163 Amounts to be paid first to privileged and secured creditors
  • Article 164 Provisionally admitted priority ranking (right of preference)
  • Article 165 Rescission of the sanctioned final arrangement
  • Article 166 Filing of a legal claim for the rescission of a final arrangement
  • Article 167 Re-opening of the bankruptcy after a rescission of the final arrangement
  • Article 168 Applicable provisions when the bankruptcy is re-opened
  • Article 169 Acts performed by the debtor between the sanction and the re-opening of the bankruptcy
  • Article 170 Winding-up after the bankruptcy has been re-opened
  • Article 171 Distributions made within a re-opened bankruptcy
  • Article 172 Liquidation estate of the debtor is declared bankrupt again
  • Article 172a Final arrangement offered in main insolvency proceedings
• Chapter 7 Winding-up of the Liquidation Estate
  (Articles 173 - 194)
  • Article 173 Entering into a state of insolvency
  • Article 173a Proposal to continue the enterprise of the bankrupt debtor
  • Article 173b Acceptance of a proposal to continue the enterprise of the bankrupt debtor
  • Article 173c Submission of the proposal to the magistrate; notification of the proposal
  • Article 173d Request made to the District Court for the acceptance or rejection of the proposal
  • Article 174 Magistrate orders to stop the continuation of the enterprise of the bankrupt debtor
  • Article 175 Winding-up and realisation of assets of the liquidation estate
  • Article 176 Public or private sale under execution
  • Article 177 Making use of the services of the bankrupt debtor against payment
  • Article 178 Convening a meeting with the creditors about the method of the winding-up
  • Article 179 Distributions made to the admitted creditors
  • Article 180 Distribution plan; percentage distributions
  • Article 181 Reservation of percentage distributions for provisionally admitted claims
  • Article 182 Imputation of the general costs of bankruptcy
  • Article 183 Publication of the distribution plan
  • Article 184 Objections raised against the deposited distribution plan
  • Article 185 Hearing at the District Court in regard to raised objections
  • Article 186 Objections raised by a creditor whose claim is not (fully) admitted on account of his own inattentiveness
  • Article 187 Appeal in cassation; binding effect of the distribution plan
  • Article 188 Effect of a transfer of registered property that is sold by the 'curator' under execution
  • Article 189 Distribution for provisionally admitted claims; distribution when a priority ranking is disputed
  • Article 190 Already made distributions deducted from the amount of the sale proceeds secured by priority ranking
  • Article 191 Claim admitted after the first distributions because it was not submitted in time
  • Article 192 Start of distribution payments
  • Article 193 End of the bankruptcy when the final distribution plan has become binding
  • Article 194 Amounts becoming available for distribution after the final distribution was made
• Chapter 8 Legal Position of the Debtor after the Termination of the Winding-up
  (Articles 195 - 197)
  • Article 195 Creditors regain their right of foreclosure after the final distribution plan has become binding
  • Article 196 Admitted claims are immediately enforceable after the end of the bankruptcy
  • Article 197 The previous Article does not apply to claims that have been disputed by the debtor
• Chapter 9 [repealed]
  (Articles 198 - 202)
  • Article 198 [repealed]
  • Article 199 [repealed]
  • Article 200 [repealed]
  • Article 201 [repealed]
  • Article 202 [repealed]
• Chapter 10 Provisions of International Law
  (Articles 203 - 205)
  • Article 203 Recovery of unsecured claims from assets abroad during bankruptcy
  • Article 204 Transfer of a claim with the purpose to recover it from assets abroad
  • Article 205 Transfer of a claim or debt to enable a third person to make an unpermitted set-off abroad
• Chapter 11 Rehabilitation
  (Articles 206 - 212)
  • Article 206 Petition for the rehabilitation of the debtor
  • Article 207 Inadmissibility of the petition
  • Article 208 Publication of the petition
  • Article 209 Objections of creditors against the petition
  • Article 210 Decision of the District Court is to be rendered after two months
  • Article 211 No appeal nor an appeal in cassation available
  • Article 212 Judgment in open court; registration in the bankruptcy register
• Chapter 11A Definite Character of the Settlement of Payments and of Transferable Security Transactions in Payment and Settlement Systems
  (Articles 212a - 212f)
  • Article 212a Definitions
  • Article 212b Derogation from certain provisions of the Bankruptcy Act
  • Article 212c Notification of the bankruptcy of a participant
  • Article 212d Formal agreement between three or more participants designated as a system
  • Article 212e Applicable law when insolvency proceedings are opened
  • Article 212f [repealed]
• Chapter 11AA Bankruptcy of a bank
  (Articles 212g - 212nn)
  • § 1. Banks seated in the Netherlands and banks seated outside the European Economic Area with a branch office in the Netherlands (212g-212r)
    • Article 212g Definitions
    • Article 212h Application to credit institutions seated in another Member State
    • Article 212ha Request for a bankruptcy of a licensed bank
    • Article 212hb Request for a bankruptcy of a non-licensed bank
    • Article 212hc Submission of a transfer plan
    • Article 212hd Information duty of the Dutch Central Bank
    • Article 212he Directions for the District Court when receiving a request for bankruptcy
    • Article 212hf Possible means of defence of the bank
    • Article 212hg Declaration of bankruptcy / approval of the transfer plan
    • Article 212hh Appointment of bankruptcy liquidators / publication of the bankruptcy
    • Article 212hi Immediate enforceability / appeal
    • Article 212hj Application of provisions of the Financial Supervision Act
    • Article 212hk Additional submission of a transfer plan
    • Article 212hl Preparation of a transfer plan
    • Article 212hm Required cooperation of the bankruptcy liquidator
    • Article 212hn Request for the approval of an additional transfer plan
    • Article 212ho Directions to the District Court receiving a request for the approval of an additional transfer plan
    • Article 212hp Implementation of the approved transfer plan by the bankruptcy liquidator
    • Article 212hq Request for the adjustment of an already approved transfer plan
    • Article 212hr Branch office of a bank with its seat in a non-Member State
    • Article 212i Request for a bankruptcy filed by the Dutch Central Bank
    • Article 212j Dutch Central Bank shall inform the credit institution and other Member States of the bankruptcy petition
    • Article 212k Opinion of the Dutch Central Bank; withdrawal of licence
    • Article 212l Simultaneous request for a transfer regulation or an emergency regulation
    • Article 212m Declaration of bankruptcy after the issuance of an emergency order
    • Article 212ma Applicability of Part 3.5.6 of the Financial Supervision Act
    • Article 212n Providing information about the proclamation of a bankruptcy order
    • Article 212o Publication of the bankruptcy in other Member States
    • Article 212p Providing information to all known creditors
    • Article 212q Form and language of notifications to be made to known creditors in other Member States
    • Article 212r Protection of third parties who performed in good faith to the bankrupt credit institution
  • § 2. Provisions of private international law (212s-212nn)
    • Article 212s Recognition of decisions given in another home Member State
    • Article 212t Law applicable to winding-up proceedings
    • Article 212u Real property rights in assets situated in another Member State
    • Article 212v Retention of title
    • Article 212w Right to invoke a set-off
    • Articles 212x Legal actions which remain available
    • Article 212ij Employment agreements
    • Article 212z Agreements conferring the right to acquire or make use of immovable property
    • Article 212aa Registered property
    • Article 212bb Rights and obligations of participants in regulated markets
    • Article 212cc Disposition of registered property, securities and transferable documents
    • Article 212dd Effects of winding-up proceedings on lawsuits pending
    • Article 212ee Juridical acts disadvantageous for all creditors; evidence in rebuttal
    • Article 212ff Netting agreement
    • Article 212gg Agreement to return in future the same number of assets of the same type
    • Article 212hh Rights in financial instruments
    • Article 212ii Powers that a foreign liquidator may exercise within the Netherlands
    • Article 212jj Proof of the liquidator's appointment
    • Article 212kk Request of a foreign liquidator to register data in the bankruptcy register
    • Article 212ll Bankruptcy of a branch office of a bank seated outside the EU and the EEA
    • Article 212mm Coordination between competent authorities
    • Article 212nn Data not to be included in the reports meant in Article 73
• Chapter 11BB Bankruptcy of an Insurer
  (Articles 213 - 213kk)
  • § 1. Definitions (213)
    • Article 213 Definitions
  • § 2 Insurers having its seat in the Netherlands, insurers without a licence having its seat in another Member State than the Netherlands and insurers having its seat outside the European Union with a branch office in the Netherlands (213a-213m)
    • Article 213a Application to insurers seated in another Member State
    • Article 213aa Request for a bankruptcy of a licensed insurer
    • Article 213ab Request for a bankruptcy of a non-licensed insurer
    • Article 213ac Submission of a transfer plan
    • Article 213ad Information duty of the Dutch Central Bank
    • Article 213ae Directions for the District Court when receiving a request for bankruptcy
    • Article 213af Possible means of defence of the insurer
    • Article 213ag Declaration of bankruptcy / approval of the transfer plan
    • Article 213ah Immediate enforceability / appeal
    • Article 213ai Implementation of the approved transfer plan by the bankruptcy liquidator
    • Article 213aj Additional submission of a transfer plan
    • Article 213ak Preparation of a transfer plan
    • Article 213al Required cooperation of the bankruptcy liquidator
    • Article 213am Request for the approval of an additional transfer plan
    • Article 213an Directions to the District Court receiving a request for the approval of an additional transfer plan
    • Article 213ao Implementation of the approved transfer plan by the bankruptcy liquidator
    • Article 213ap Request for the adjustment of an already approved transfer plan
    • Article 213aq Branch office of an insurer with its seat in a non-Member State
    • Article 213b Request for a bankruptcy filed by the Dutch Central Bank
    • Article 213c Dutch Central Bank shall inform the insurer and other Member States of the bankruptcy petition
    • Article 213d Opinion of the Dutch Central Bank; withdrawal of licence
    • Article 213e Simultaneous request for a transfer regulation or an emergency regulation
    • Article 213f Declaration of bankruptcy after the issuance of an emergency order
    • Article 213g Providing information about the proclamation of a bankruptcy order
    • Article 213h Publication of the bankruptcy in other Member States Article 213i Providing information to all known creditors
    • Article 213j Form and language of notifications to be made to known creditors in other Member States
    • Article 213k Information provided to all known creditors and supervisory authorities
    • Article 213l [repealed]
    • Article 213m Ranking order of claims in the bankruptcy of an insurer
  • § 3 Provisions of private international law (213n-213ee)
    • Article 213n Recognition of decisions given in another home Member State
    • Article 213o Law applicable to winding-up proceedings
    • Article 213p Real property rights in assets situated in another Member State
    • Article 213q Retention of title
    • Article 213r Right to invoke a set-off
    • Articles 213s Legal actions which remain available
    • Article 213t Employment agreements
    • Article 213u Agreements conferring the right to acquire or make use of immovable property
    • Article 213v Registered property
    • Article 213w Rights and obligations of participants in regulated markets
    • Article 213x Disposition of registered property, securities and transferable documents
    • Article 213ij Effects of winding-up proceedings on pending lawsuits
    • Article 213z Juridical acts disadvantageous for all creditors; evidence in rebuttal
    • Article 213aa Powers that a foreign liquidator may exercise within the Netherlands
    • Article 213bb Proof of the liquidator's appointment
    • Article 213cc Request of a foreign liquidator to register data in the bankruptcy register
    • Article 213dd Coordination between competent authorities
    • Article 213ee Data not to be included in the reports meant in Article 73
  • § 4 Funeral in kind insurers (213ff-213kk)
    • Article 213ff Definitions
    • Article 213gg Applicability of provisions of the Bankruptcy Act to funeral in kind insurers
    • Article 213hh Dutch Central Bank shall inform the insurer and other Member States of the bankruptcy petition
    • Article 213ii Providing information about the proclamation of a bankruptcy order
    • Article 213jj Provision of information by the Dutch Central Bank upon request
    • Article 213kk Ranking order of claims in the bankruptcy of a funeral in kind insurer

TITLE II
MORATORIUM ON PAYMENT

• Chapter 1 Granted Moratorium on Payment and its Effects
  (Articles 214 - 251)
  • Article 214 Request for a moratorium on payment
  • Article 215 Provisional moratorium; hearing for the granting of a definitive moratorium
  • Article 216 Publication of data regarding the petition in the Government Gazette
  • Article 217 Day on which the moratorium takes effect
  • Article 218 Hearing of the request for a moratorium in payment
  • Article 219 Appeal against a decision on a request for a moratorium on payment
  • Article 220 Appeal hearing
  • Article 221 Appeal in cassation
  • Article 222 Immediately enforceable court order
  • Article 222a Publication in the moratorium registers of the District Court
  • Article 222b Central register
  • Article 223 Duration of a definitely granted moratorium; extension of a moratorium
  • Article 223a Appointment of one or more magistrates
  • Article 223b Hearing of witnesses; experts’ investigation
  • Article 224 Two or more appointed administrators; dismissal of an administrator
  • Article 225 Additional conditions to protect the interests of creditors
  • Article 226 Appointment of one or more experts
  • Article 227 Reports to be lodged regularly by the administrator
  • Article 228 Right of administration and of disposition; obligations arisen during the moratorium
  • Article 229 Marital community of property
  • Article 230 Debtor cannot be forced to make payments during the moratorium; ending of foreclosures and attachments
  • Article 231 Legal proceedings
  • Article 231a Pending lawsuits when insolvency proceedings in another EU Member State are opened
  • Article 232 Claims not affected by a moratorium on payment
  • Article 233 Payment of debts during a moratorium on payment
  • Article 234 Setting-off a claim against a debt to the estate (property) of the debtor
  • Article 235 Situations in which a set-off is not permitted
  • Article 236 Mutual agreements entered into prior to the moratorium on payment
  • Article 236a Claims on account of a rescission or nullification of an agreement; claims for compensatory damages
  • Article 237 Delivery of goods traded on a commodity market
  • Article 237a Hire-purchase agreements
  • Article 237b Obligations for the regular supply of gas, water electricity and heat
  • Article 238 Lease and farm lease agreements
  • Article 239 Employment agreements and commercial agency agreements
  • Article 240 Performance made in good faith to the debtor after the moratorium on payment had been granted provisionally
  • Article 241 Moratorium does not affect the right to claim performance from sureties and co-debtors
  • Article 241a Cooling-off period
  • Article 241b Rights of a pledgee during the cooling-off period
  • Article 241c Attachment as referred to in the Tax Collection Act 1990 levied by the Tax Collector
  • Article 241d Pledge on account of a financial collateral agreement
  • Article 241e Moratorium on payment on account of a financial collateral agreement
  • Article 242 Withdrawal of a granted moratorium
  • Article 243 Appeal against a withdrawal of a moratorium or against the denial of a request for such withdrawal
  • Article 244 Appeal in cassation
  • Article 245 Publication of a final and binding withdrawal of a moratorium
  • Article 246 Adjournment of the hearing of the creditors provided under Article 215
  • Article 247 Request of the debtor for a withdrawal of the moratorium on payment
  • Article 247a Conversion of a moratorium into the Debt Repayment Scheme
  • Article 247b Legal actions regarding a conversion of the moratorium into the Debt Repayment Scheme
  • Article 247c Acts performed during the moratorium remain valid after a conversion into the Debt Repayment Scheme
  • Article 247d Application of certain Articles in the event of a conversion meant in Article 37 of the European Regulation
  • Article 248 Request for a bankruptcy order during a moratorium
  • Article 249 Declaration of bankruptcy after a moratorium on payment
  • Article 249a Continuation of a guarantee scheme for a financial institution during its bankruptcy
  • Article 250 Remuneration of experts and administrators
  • Article 250a [repealed]
  • Article 251 Provisions of international law
• Chapter 2 Final Arrangement with the Creditors (Composition)
  (Articles 252 - 281)
  • Article 252 Final arrangement for payment with the creditors
  • Article 253 Draft for a final arrangement deposited with the clerk of the court
  • Article 254 Elapsing of the draft for a final arrangement
  • Article 255 Determining the date and time of the hearing
  • Article 256 Publication of the hearing and of the fact that a draft for a final arrangement has been deposited
  • Article 257 Submission of claims
  • Article 258 The way in which a submitted claim is verified
  • Article 259 List of admitted claims and list of disputed claims
  • Article 260 Admission of interest accrued until the start of the moratorium
  • Article 261 Admission of a claim under a condition precedent
  • Article 262 Admission of claims that are not yet due and demandable
  • Article 263 Publication of the list
  • Article 264 Postponement of the voting on the final arrangement to a later date
  • Article 265 Written report of administrators disclosed at the meeting; admission of newly submitted claims
  • Article 266 Admitting or disputing claims at the meeting
  • Article 267 Voting right of creditors whose claims are disputed
  • Article 268 Acceptance of the draft for a final arrangement
  • Article 268a Adoption of the draft for a final arrangement by the District Court or magistrate
  • Article 269 Official record of the meeting on a final arrangement with the creditors
  • Article 269a Rejection of the final arrangement; request to correct the official record of the meeting
  • Article 269b Hearing before the District Court in order to sanction the final arrangement
  • Article 270 Correction of the official records of the District Court by the Court of Appeal
  • Article 271 The public hearing
  • Article 272 Grounds for the refusal of a sanction
  • Article 273 Binding effect of a sanctioned final arrangement
  • Article 274 Enforceable judgement against the bankrupt debtor and involved sureties
  • Article 275 No ending of the moratorium as long as no final and binding decision is given on the final arrangement
  • Article 276 Ending of the moratorium after the sanction has become final and binding
  • Article 277 Possibilities when the offered final arrangement has not been accepted
  • Article 278 Right of appeal of the debtor who has been declared bankrupt
  • Article 279 Appeal in cassation
  • Article 280 Rescission of the sanctioned final arrangement
  • Article 281 No possibility to offer a final arrangement in a bankruptcy which is ordered on the basis of the present Chapter
• Chapter 2A Special Provisions
  (Articles 281a - 281f)
  • Article 281a List of creditors when there are 5,000 creditors or more
  • Article 281b Special arrangements when there are 5,000 creditors or more
  • Article 281c Publication duties
  • Article 281d Claims which do not have to be included in the list
  • Article 281e Representative committee
  • Article 281f More than one distribution to be made to the creditors
• Chapter 2B The granting of a moratorium on payment on behalf of an investment firm and a financial institution which has obtained a supervisory status certificate or another institution
  (Articles 281g - 281h)
  • Article 281g Application of specific provisions for bankruptcy in case of a moratorium on behalf of certain financial institutions
  • Article 281h Application of Part 3.5.6 of the Financial Supervision Act
• Chapter 3 Final Provisions
  (Articles 282 - 283)
  • Article 282 No appeal or other legal remedies available unless provided otherwise
  • Article 283 Lodged petitions must be signed by an advocate or administrator

TITLE III
DEBT REPAYMENT SCHEME
FOR NATURAL PERSONS

• Chapter 1 Judgment ordering the Application of the Debt Repayment Scheme
  (Articles 284-294b)
  • Article 284 Request for the application of the Debt Repayment Scheme
  • Article 285 Formal requirements for a request for the application of the Debt Repayment Scheme
  • Article 286 Availability of the petition at the office of the clerk of the court
  • Article 287 Judgment on the request for the application of the Debt Repayment Scheme
  • Article 287a Adoption of an extra-judicial debt reschedule scheme by the court
  • Article 287b Provisional measures in the event of a threatening situation
  • Article 288 Grounds for awarding or rejecting the application of the Debt Repayment Scheme
  • Article 289 Setting the date and place of a verification meeting
  • Article 290 Additional measures to safeguard the interests of creditors
  • Article 291 Appointment of experts
  • Article 292 Appeal and appeal in cassation
  • Article 293 Publications to be made in the Government Gazette and to mail companies
  • Article 294 Public registers kept by the District Courts
  • Article 294a Central public register for Debt Repayment Schemes
  • Article 294b Provision of data to be registered in central register
• Chapter 2 Legal Effects of the Application of a Debt Repayment Scheme
  (Articles 295 -313)
  • Article 295 Liquidation estate
  • Article 295a [repealed]
  • Article 296 No right of disposition; restricted right of administration
  • Article 297 Restricted capability of the debtor to perform juridical act
  • Article 298 Liability of the liquidation estate for debts arisen after the start of the Debt Repayment Scheme
  • Article 299 Effect of the Debt Repayment Scheme on claims of creditors of the debtor
  • Article 299a Claims related to debts for studies
  • Article 299b Right of retention
  • Article 300 Effect of a Debt Repayment Scheme for sureties and co-debtors
  • Article 301 Seizures (attachments) made before the start of the Debt Repayment Scheme
  • Article 302 Release of the debtor from detention
  • Article 303 Interest accrued as of the start of the Debt Repayment Scheme
  • Article 304 Obligations for the regular supply of gas, water, electricity or heat
  • Article 305 Lease and farm lease agreements
  • Article 306 Null and void payments of claims from property not belonging to the liquidation estate
  • Article 307 Setting-off a claim against a debt to the debtor
  • Article 308 Imputation of payments from property not belonging to the liquidation estate
  • Article 309 [repealed]
  • Article 309a assets pledged on account of a financial collateral agreement
  • Article 310 Payment of claims of the debtor or creditor to which the Debt Repayment Scheme does not apply
  • Article 311 Continuation of the debtor’s enterprise on behalf of the liquidation estate
  • Article 312 Declaration of bankruptcy due to unpaid claims to which the Debt Repayment Scheme does not apply
  • Article 313 Application of other Articles during the application of the Debt Repayment Scheme
• Chapter 3 Administration of the Liquidation Estate
  (Articles 314 - 321)
  • Article 314 Tasks of the magistrate
  • Article 315 Appeal against orders and decisions of the magistrate
  • Article 316 Tasks of the administrator
  • Article 317 Objections against (intended) acts of the administrator
  • Article 318 Reports to be deposited by the administrator
  • Article 319 Dismissal of the administrator
  • Article 320 Remuneration of the administrator
  • Article 321 Application of other Articles
• Chapter 4 Provisions after an Order for Application of a Debt Repayment Scheme and the Responsibilities of the Administratort
  (Articles 322- 327)
  • Article 322 Publication to be held verification meeting and availability of the draft for a final arrangement
  • Article 323 Safekeeping of the liquidation estate and documents
  • Article 324 Preparation of an inventory list
  • Article 325 Inventory list deposited at the court
  • Article 326 [repealed]
  • Article 327 Application of other Articles
• Chapter 5 Verification of Claims
  (Articles 328 - 328a)
  • Article 328 Application of Articles on the verification meeting; accrued interest on secured claims
  • Article 328a Verification meeting (pro forma meeting)
• Chapter 6 Final Arrangement with the Creditors (Composition)
  (Articles 329 - 346)
  • Article 329 Proposal of a final arrangement for payment
  • Article 330 Elapsing of the draft for a final arrangement
  • Article 331 [repealed]
  • Article 332 Acceptance of a final arrangement; adoption of a final arrangement by the magistrate
  • Article 333 [repealed]
  • Article 333a Final arrangement offered in cross-border insolvency situations
  • Article 334 [repealed]
  • Article 335 Setting a hearing before the District Court on the final arrangement
  • Article 336 [repealed]
  • Article 337 Hearing at the District Court on the final arrangement
  • Article 338 Decision of the District Court on the final arrangement
  • Article 339 Application of other Articles on the decision of the District Court and appeal hearing
  • Article 340 Ending of the Debt Repayment Scheme when the final arrangement is sanctioned by the court
  • Article 341 [repealed]
  • Article 342 [repealed]
  • Article 343 [repealed]
  • Article 344 [repealed]
  • Article 345 [repealed]
  • Article 346 [repealed]
• Chapter 7 Winding-up of the Liquidation Estate
  (Articles 347 - 349)
  • Article 347 State of insolvency; realisation of assets of the liquidation estate
  • Article 348 Meeting with the creditors regarding the winding-up and verification of later submitted claims
  • Article 349 Distributions made from the liquidation estate
• Chapter 8 Duration and ending of the Application of a Debt Repayment Scheme
  (Articles 349a - 358)
  • Article 349a Duration of the application of the Debt Repayment Scheme
  • Article 350 Termination of the application of the Debt Repayment Scheme by the court
  • Article 351 Appeal and appeal in cassation
  • Article 351a Account made by the administrator on how the debtor has complied with his obligations
  • Article 352 Setting a hearing on the termination of the Debt Repayment Scheme
  • Article 353 The hearing
  • Article 354 Decision of the District Court
  • Article 354a District COurts sets a day for the hearing on termination of the Debt Repayment Scheme
  • Article 355 Appeal to be made by the creditors and debtor
  • Article 356 Drawing up final distribution list; termination of the Debt Repayment Scheme
  • Article 357 [repealed]
  • Article 358 Enforceability of claims after the ending of the Debt Repayment Scheme
• Chapter 9 Special Provisions
  (Articles 358a - 359a)
  • Article 358a New facts have appeared after termination of the Debt Repayment Scheme
  • Article 359 Application of Articles when the debtor has been declared bankrupt
  • Article 359a Application of other Articles
• Chapter 10 Final Provisions
  (Articles 360 - 362)
  • Article 360 No appeal or other legal remedy available unless provided otherwise
  • Article 361 Lodged petition must be signed by an advocate or administrator
  • Article 362 No applicability of the General Computation of Time Periods Act