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Are you a creditor, and does your customer (or debtor) not pay at all? Then you can file for your customer’s bankruptcy. When you file for bankruptcy you must meet a number of requirements.
Requirements filing for bankruptcy
To file for your customer’s bankruptcy, the following requirements must be met:
- The application has to be submitted by an attorney
- There are at least two creditors
- There are at least two debts, one of which is immediately due
- Your customer does not pay at all
Principal claim or secondary claimWhen you file for bankruptcy, you are the principal creditor. The second creditor has a secondary claim. This is required when you file for bankruptcy. You do not have to prove that your customer has debts with the other creditor.
Filing for bankruptcy as a collection measure
For many debtors, filing for bankruptcy is sufficient incentive to pay off debts. Whether it is worthwhile to file for bankruptcy in your case depends on:
- the amount of your claim
- the financial position of your debtor
- your place in the ranking of creditors
Amicable agreement may be cheaper
If your customer does indeed go bankrupt, there is little chance that you will get all your money back. You may also choose to conclude an amicable agreement with your customer. You then agree on a payment arrangement. If your client does not comply with the arrangement, you can still file for bankruptcy.