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To submit a bankruptcy claim, you prepare a clear notification to the trustee, supported by evidence, that complies with Article 110 of the Bankruptcy Act (Fw). You state who you are, the amount you are entitled to claim, the basis of that claim, and whether you are claiming a priority position, and you attach the supporting documents. The more complete and clear the submission, the greater the chance that the trustee will acknowledge the claim and place it on the list of provisionally acknowledged claims rather than the list of disputed claims.
The short answer
- Provide your company details and those of the bankrupt.
- State the exact amount and the basis of the claim.
- Attach supporting documents: invoices, agreement, and reminders.
- Claim a priority position if you have one, with substantiation.
- State interest and any contractual penalties.
- Send everything to the trustee, via the portal or by letter.
Drafting a bankruptcy claim: the core components
A strong submission always contains the same building blocks. If the evidence is missing, your claim quickly ends up on the list of disputed claims.
- Party details. Your company and the bankrupt debtor, with file number if you have one.
- The amount. The principal, plus interest and any costs, specified by item.
- The basis. Upon which the claim rests: which delivery, service, or agreement.
- The supporting documents. Invoices, the agreement, order confirmations, and reminders.
- The preferential position. A claim on pledge, mortgage, retention of title, or a privilege.
- The date and signature. So that the submission is formally correct.
Evidence determines whether your claim is recognized
The bankruptcy trustee must be able to verify your claim. A single invoice without context is weaker than a file containing the agreement, the order confirmation, the delivery notes, and the reminders. Specify the principal amount and calculate interest up to the date of bankruptcy, because thereafter, statutory interest on an unsecured claim is, in principle, not included in the verification. The better you substantiate the claim, the smaller the chance that the trustee will dispute it and that you will end up in a referral procedure (Art. 122 Fw).
Don't forget your right of way
Many creditors file as competitors, even though they could have taken a stronger position. Therefore, check whether you have priority:
- Retention of title. If the delivered goods have not yet been paid for and you have a valid reservation of title, you can claim them instead of giving notice as a competitor.
- Pledge or mortgage. A security right confers priority over the proceeds (Art. 3:278 BW).
- Right of retention. If you retain an asset belonging to the bankrupt party, this can give you a strong position.
- Privilege. Some claims have a privilege by law.
Without security, you share equally with the other unsecured creditors on a pro rata basis (Art. 3:277 BW), and that often yields little.
Practical example
A furniture maker supplied custom-made cabinets to a retail chain that went bankrupt. The general terms and conditions included a retention of title clause. Upon filing, the furniture maker claimed this retention of title and submitted the delivery notes and the terms and conditions. The bankruptcy trustee acknowledged the retention of title, allowing the furniture maker to reclaim the remaining cabinets instead of receiving a fraction as a concurrent creditor.
Honest recommendation
You do not need a lawyer for an ordinary, undisputed invoice claim without collateral. A proper submission with the invoices and the agreement is sufficient in such cases, and many insolvency administrators offer an online portal for this purpose. The situation changes if a priority position is involved, if the claim is substantial or disputed, or if you wish to invoke a retention of title or right of retention. In those cases, legal assistance is advisable, because the substantiation determines whether you participate as a preferential or concurrent party, and in practice, this often costs you the most. A lawyer also ensures that you are in a strong position in any potential referral proceedings.
You can find more background in what is filing a bankruptcy claim and having a bankruptcy claim drafted. You arrange the document itself via filing a bankruptcy claim.
Frequently Asked Questions
Your party details and those of the bankrupt, the exact amount specifying the principal, interest, and costs, the basis of the claim, the supporting documents, any priority position with substantiation, and the date. This allows the trustee to verify and acknowledge the claim.
Invoices, the agreement, order confirmations, delivery notes, and reminders. The more complete the file, the smaller the chance that the trustee will dispute the claim and that you will end up in a referral procedure.
You calculate the interest up to the date of the bankruptcy and specify it. Interest accruing on an unsecured claim after the declaration of bankruptcy does not, in principle, count towards the verification. Also state any contractual penalties with substantiation.
Explicitly state the land and attach the evidence: a retention of title with the conditions and delivery notes, a pledge or mortgage deed, or a privilege. Without substantiation, the trustee will classify you as an unsecured creditor, with a much weaker position.
If you have a valid retention of title and the delivered goods have not yet been paid for, you can claim them instead of sharing as a competitor. This is often worth much more than a pro rata distribution. The condition is that the retention of title has been properly agreed upon.
Via the online portal or the form provided by the trustee, or by letter or email with the supporting documents attached. Keep a copy and proof of postage so that you can demonstrate that you submitted on time.
You then first try to reach an agreement by providing additional evidence. If that fails, a referral procedure follows at the court (Article 122 of the Bankruptcy Act), in which the judge decides on the claim. A well-substantiated submission reduces that risk.
