Title III
in forceDebt rescheduling scheme for natural persons (schuldsaneringsregeling natuurlijke personen)
Section 1
The pronouncement of the application of the debt rescheduling scheme
A natural person may, if it is reasonably foreseeable that he will not be able to continue to pay his debts or if he is in the state of having ceased…
In the petition or in an annex to be attached thereto shall be included:
The petition with accompanying documents, referred to in Article 285, paragraph 1, shall be deposited at the registry of the court and shall be…
The court shall rule on the petition with the utmost urgency. The decision shall be given by judgment. Article 6, paragraph 1, third sentence, and…
The debtor may, in the petition referred to in Article 284, paragraph 1, request the court to order one or more creditors who refuses or refuse to…
Prior to the hearing of the petition (application) referred to in Article 287a, paragraph 1, the debtor or the mayor and aldermen, respectively, if a…
The petition (application) referred to in Article 284, paragraph 1, shall only be granted if it is sufficiently plausible:
The judgment by which the application of the debt restructuring scheme is pronounced may also contain the determination of the day, time and place at…
The judge who pronounces the application of the debt restructuring scheme (schuldsaneringsregeling) may in this judgment also make provisions which…
The court may, in the judgment granting the application of the debt restructuring scheme, appoint one or more experts in order to, within a period to…
Against the judgment granting the petition (application) for an order to consent to a debt settlement, referred to in Article 287a, paragraph 1, the…
The registrar of the court shall without delay publish a notice in the Government Gazette (Staatscourant) of the judgment for the application of the…
At each court, a public register is kept by the registrar, in which he, separately for each debt restructuring scheme declared applicable…
By Our Minister of Justice or, if another body has been designated pursuant to Article 294, paragraph 4, by that body, a central register shall be…
For every debt restructuring scheme declared applicable, the registrar transmits an extract of the petition with annexes pursuant to Article 285 to…
Section 2
Homologation of a private composition
The estate comprises the property of the debtor at the time of the judgment for the application of the debt restructuring scheme…
By the judgment for the application of the debt restructuring scheme, the debtor loses by operation of law:
Without prejudice to the provisions of Article 296, the debtor is independently authorised to perform juridical acts.
The debt restructuring scheme operates in respect of:
The debt restructuring scheme does not operate in respect of claims arising from student debts to which Chapter 6 or Chapter 10a of the Student…
The creditor who has a right of retention on a thing belonging to the debtor does not lose this right by the declaration of applicability of the debt…
The debt restructuring scheme does not operate to the benefit of sureties and other co-debtors.
A claim by the collector as referred to in Article 19 of the Collection Act 1990 (Stb. 221) is not permitted.
If the debtor is in civil imprisonment (gijzeling), he is released therefrom by operation of law by the judgment applying the debt restructuring…
With effect from the day of the judgment for the application of the debt restructuring scheme (schuldsaneringsregeling), the debtor owes neither…
A counterparty is not entitled to suspend the performance of his obligation arising from an agreement for the regular delivery of gas, water…
If the debtor is a lessee, the administrator, or the debtor with his authorization, may terminate the lease prematurely, provided that the notice of…
A payment made out of assets of the debtor not belonging to the estate, on claims in respect of which the debt restructuring scheme applies, is void.
A person who is both debtor and creditor of the person in respect of whom the debt restructuring scheme has been pronounced, may only set off his…
A payment made by the debtor otherwise than at the expense of the estate is not imputed to a claim in respect of which the debt restructuring scheme…
Excluded from the assets referred to in Article 309, paragraph 1, are the assets that have been pledged pursuant to a financial collateral…
The supervisory judge may, upon the petition of the administrator, of the debtor, or of his own motion, determine by written order that payment on…
The supervisory judge may, upon the petition of the administrator or the debtor, or ex officio, determine by written order that the debtor is…
During the application of the debt restructuring scheme (schuldsaneringsregeling), the debtor may be declared bankrupt in respect of claims to which…
Articles 24 to 31 inclusive, 34 to 38a inclusive, 40 to 52 inclusive, 54 to 56 inclusive and 60a to 63a inclusive apply mutatis mutandis.
The provisions of this section do not apply to a natural person who does not exercise an independent profession or business, nor to a bank as…
If a debtor is in a state in which it is reasonably likely that he will not be able to continue paying his debts, he may offer his creditors and his…
Any creditor, shareholder or the works council or employee representation body established pursuant to statutory provisions at the enterprise…
An agreement as referred to in Article 370, paragraph 1, may also provide for the modification of the rights of creditors against legal entities…
If the debtor is in a state as referred to in Article 370, paragraph 1, the debtor or the restructuring expert, if one has been appointed, may make a…
Creditors and shareholders are placed in different classes if the rights they have upon a liquidation of the assets of the debtor in bankruptcy or…
The agreement contains all information that the creditors and shareholders entitled to vote require in order to be able to form an informed opinion…
If the debtor has deposited a declaration at the registry of the court as referred to in Article 370, paragraph 3, and has offered an agreement as…
If the debtor, prior to the declaration of the cooling-off period referred to in Article 376, had the power to use, consume or alienate goods, or to…
Before the agreement is put to a vote in accordance with Article 381, paragraph 1, the debtor or the restructuring expert referred to in Article 371…
If the debtor has deposited a declaration at the registry of the court as referred to in Article 370, paragraph 3, or if a restructuring expert has…
If the agreement is prepared by the debtor in accordance with Article 370, a measure as referred to in Article 379 may be the appointment of an…
The debtor or the restructuring expert referred to in Article 371, if one has been appointed, shall, for a reasonable period which shall in any event…
The debtor or the restructuring expert, referred to in Article 371, paragraph 1, if one has been appointed, shall draw up a report as soon as…
If at least one class of creditors has consented to the agreement (akkoord), the debtor or the restructuring expert (herstructureringsdeskundige)…
If the court has jurisdiction to hear the petition for the homologation of the agreement, it shall render its reasoned judgment as soon as possible…
The homologated agreement is binding upon the debtor and upon all creditors and shareholders entitled to vote. If not the creditor or shareholder…
The judgment of homologation constitutes, for the benefit of the creditors entitled to vote with claims not disputed by the debtor, an enforceable…
The debtor is in default in the event of any failure in the performance of the agreement and is obliged to compensate the damage which the voting…
Section 3
The administration of the estate
The supervisory judge supervises the performance by the administrator of the tasks to be performed by him pursuant to this title.
An appeal to the court against all orders of the supervisory judge is open for five days. The court shall decide after the hearing or proper…
The administrator is charged with:
Each of the creditors of claims to which the debt restructuring scheme (schuldsaneringsregeling) applies and the debtor may, by submitting a…
The administrator shall issue, within two months after the judgment for the application of the debt restructuring scheme and no later than ten days…
The court has the power to dismiss the administrator, after having heard or duly summoned him, and to replace him with another, either on the…
The court determines the salary of the administrator in the judgment referred to in Article 354, paragraph 1.
Articles 85 and 86 apply mutatis mutandis.
Section 4
The provisions following the judgment for the application of the debt restructuring scheme and the duties of the insolvency practitioner (bewindvoerder)
The administrator shall without delay give written notice to all known creditors of the days, hour and place referred to in Article 289. If the…
The administrator shall, immediately after his appointment, provide for the safekeeping of the estate by all necessary and appropriate means. Unless…
Article 94, paragraphs 1 and 2, applies mutatis mutandis.
A copy of the inventory of the estate and, if Article 324, paragraph 3 has been applied, of the statement referred to in that paragraph, shall be…
Articles 99 and 102 up to and including 105b and 107 apply mutatis mutandis.
Section 5
Verification of claims
Articles 110 up to and including 116, 119 up to and including 127 (in which latter article, instead of 108, shall be read: 289, paragraph 3) and 129…
The supervisory judge may request the administrator to notify him within eight days after the date of the petition (application) whether he wishes to…
Claims submitted to the administrator after the expiry of the time limit referred to in Article 289, paragraph 3, but no later than two days before…
To creditors who, as a result of their failure to present themselves, are verified only after a distribution has already taken place, an amount shall…
Section 6
The agreement
The debtor is authorised, with respect to claims to which the debt restructuring scheme applies, to offer a composition to the creditors of those…
The draft agreement lapses:
The debtor is entitled to appear at the meeting to explain and defend the agreement and to amend it during the deliberation.
The provisions of this section apply mutatis mutandis in the event that an agreement is offered pursuant to Article 47, paragraph 1, of the…
If a composition has been accepted or established, the supervisory judge shall, prior to the closing of the verification meeting, determine the day…
At the public hearing, fixed pursuant to Article 335, paragraph 1, a report is presented by the delegated judge.
On the day of the hearing referred to in Article 337, or otherwise no later than on the eighth day thereafter, the court gives its decision.
With regard to the judgment refusing or granting homologation, Articles 154, 155, paragraph 1, and 156 apply mutatis mutandis, provided that the…
The application of the debt restructuring scheme (schuldsaneringsregeling) ends by operation of law as soon as the homologation has become final. The…
Section 7
The liquidation of the estate
As soon as the application of the debt restructuring scheme has been pronounced, the estate is by operation of law in a state of insolvency and the…
The supervisory judge may, at the request of the debtor, the administrator or a creditor, as well as of his own motion, convene a meeting of…
Whenever sufficient ready funds are available, the administrator shall proceed to make a distribution to the verified creditors.
The creditor whose claim has not been verified or has been verified for too low an amount, even if this was in accordance with his statement, may…
Section 8
Term and termination of the application of the debt rescheduling scheme
The term of the debt restructuring scheme is one and a half years, calculated from the day of the judgment for the application of the debt…
The court may terminate the application of the debt restructuring scheme upon the recommendation of the supervisory judge or upon the petition…
Against the judgment referred to in Article 350, in the event of termination of the application of the debt restructuring scheme, the debtor, or, in…
No later than three months before the period arising from Article 349a expires, the administrator shall submit a report to the supervisory judge on…
If the application of the debt restructuring scheme has not already been terminated, the court shall determine, upon the recommendation of the…
For the hearing, determined pursuant to Article 352, the administrator and the debtor may be summoned in writing. The debtor and administrator shall…
On the day of the hearing, or otherwise no later than on the eighth day thereafter, the court shall rule by judgment whether the debtor has failed in…
If no day for the verification meeting has yet been set and at least one year has elapsed since the judgment on the application of the debt…
The creditors and the debtor may lodge an appeal against the judgment referred to in Article 354 and in Article 354a within eight days after the day…
The administrator shall, as soon as the judgment referred to in Article 354 has become final, proceed without delay to draw up a final distribution…
As a result of the termination of the application of the debt restructuring scheme (schuldsaneringsregeling) pursuant to Article 356, paragraph 2, a…
Section 9
Special provisions
If, after the termination of the application of the debt restructuring scheme as a result of which the legal consequence referred to in Article 358…
If the declaration of bankruptcy of the debtor is pronounced during the application of the debt restructuring scheme or if the debtor enters a state…
Articles 203 to 205 inclusive apply mutatis mutandis.
Section 10
General final provision
Against the decisions of the judge, given pursuant to the provisions of this title, no higher legal remedy is available, except in the cases in which…
The petitions to be made pursuant to Articles 292, paragraphs 1 and 3, 315, paragraph 1, 348, 349a, paragraph 2, 350, paragraph 1, 351, paragraph 1…
The General Time Limits Act does not apply to the time limits set in Articles 39, 40, 238, 239 and 305.