Bankruptcy filing lawyer
When is a corporation bankrupt?
As bankruptcy attorneys, we are often asked by clients when a company is in bankruptcy. The law is pretty clear on this.
After all, a company is in bankruptcy when it has ceased to pay and its credit is shaken.
In other words, there must be outstanding debts that cannot be (dis)paid with own funds or through external financing.
Should I file for bankruptcy?
Often entrepreneurs whose companies are in trouble think they can take a wait-and-see approach.
After all, the creditors will take the initiative to file for bankruptcy, if any.
This is particularly dangerous.
From the moment it is established that the debts will not be able to be paid with your own resources or through financing, You, the entrepreneur, must file for bankruptcy yourself.
What if I don’t?
If your company is in bankruptcy and you fail to file for bankruptcy, you, as a director, risk being held personally liable for all of the company’s debts.
This should obviously be avoided at all costs.
Therefore, it is in your best interest not to sit by and take the necessary steps yourself.
How does the declaration process work?
If you have tied the difficult knot and decided to file for bankruptcy, you would do well to consult a bankruptcy attorney.
Filing bankruptcy is now done entirely online through Regsol’s website.
A number of documents showing the company’s financial situation will need to be attached to the tax return.
Further proceedings:
Once all the documents are in front of you, your lawyer will be able to complete the declaration.
Then the court will declare the company bankrupt and appoint a receiver.
We are talking about bankruptcy by confession.
The ruling will be published and the trustee will then start the case.
The first thing the trustee will do is contact the director(s) of the bankrupt.
It is obviously of utmost importance to have a good relationship with the trustee.
After all, the trustee is the most important person in the settlement of the bankruptcy and should therefore be kept friendly.
Indeed, if the trustee finds that mistakes were made, the trustee will be able to take action against the directors, if necessary.
Therefore, to ensure a successful outcome of the bankruptcy process, it is extremely important to have a bankruptcy lawyer assist YOU throughout the proceedings.
Do you have questions about bankruptcy law?