On this page
After bankruptcy, the curator will sell as many assets and collect as much money as possible to pay the creditors. The curator then determines the order in which the creditors will be paid: the ranking of creditors. The place in the ranking depends on the type of debt which the creditor claims. The higher your position in the ranking of creditors, the greater the chance that you will get paid.
1st rank: estate claims
Estate claims are paid first. Claims against the estate concern debts that arise during the period of the bankruptcy (also called estate debts). For example:
- salary of the curator
- rent starting from the day of the bankruptcy
2nd rank: preferential claims
After the estate debts have been paid, creditors with a preferential or priority claim will have their turn. Preferred creditors are, for example:
- tax authorities (payroll tax and turnover tax)
- UWV (wage claim)
- Unpaid wages of employees
3rd rank: non-preferential claims
Finally, unsecured claims will be paid. These are, for example, outstanding invoices from suppliers. How much a unsecured creditor receives depends on the amount of the claim.
Claiming after bankruptcy: the Consignatiekas
If you were a creditor in a bankruptcy, but the curator was unable to locate you to refund your claim at the time of the bankruptcy, there may still be an amount kept in reserve for you in the so-called 'Consignatiekas'. This deposit stores any leftover funds from past bankruptcies for 20 years. To claim the money, you have to approach the Ministry of Finance and prove your claim. You can do so (only in Dutch) on the Rijksoverheid website.
Exception: ‘separatisten’ (priority administrative claims)
In the Netherlands, two types of creditors rank above all other creditors. They are called ‘separatisten’. Separatisten are:
Your business premises or house serves as collateral for your mortgage. The mortgage lender is entitled to claim the collateral in the event of non-payment.
A lien is a charge that a creditor (usually a bank) can put upon a specific property of their debtor, for instance their house or company inventory or stock, to secure payment of a debt.