Bankruptcy marks the judicial end of a business that can no longer pay its debts. It affects companies and self-employed people alike. This page helps struggling managers, as well as creditors, understand the procedure and its alternatives.
What is bankruptcy under Belgian law?
Book XX of the Code of Economic Law governs business insolvency. Two conditions open bankruptcy. First, the business persistently stops paying its debts. Second, its creditworthiness has collapsed in the eyes of partners.
The manager must then file for bankruptcy within one month of the cessation of payments. A creditor or the public prosecutor can also refer the case to court. The enterprise court then issues the judgment and appoints a trustee. The FPS Economy also presents the insolvency procedures.
How a bankruptcy unfolds
The judgment changes everything overnight. The manager loses control of the business's assets. The trustee manages them, then sells them to pay creditors. The stages follow a set order.
1The judgment sets a deadline for lodging claims.
2Creditors submit their claims within that deadline.
3The trustee checks the claims and sells the assets.
4The proceeds go to creditors according to their ranking.
5Finally, the court closes the procedure.
For a self-employed individual, discharge of the remaining debts remains possible under conditions. Our article on bankruptcy procedures and consequences covers each stage.
Avoiding bankruptcy: the alternatives
A struggling business has other options. The best known remains judicial reorganisation. It offers a moratorium during which creditors cannot seize assets. Three forms exist: an amicable settlement, a collective agreement and a transfer under court supervision.
However, this procedure requires early action. The longer the manager waits, the fewer options remain. Discover the conditions in our file on judicial reorganisation.
If the company remains solvent, a voluntary closure also remains possible. The partners then decide on dissolution followed by liquidation. This choice avoids bankruptcy and its consequences. See the stages of dissolution and liquidation.
Points to watch for managers
Bankruptcy does not always shield the manager. Indeed, personal liability may come into play. This applies notably when a manager continues trading with no reasonable prospect of recovery. Founders of a young company also face claims if starting equity proved manifestly insufficient.
A few habits limit these risks.
- Monitor cash, tax debts and social security debts every month.
- Consult a lawyer or accountant as soon as payments slip.
- Document the decisions you take in the face of difficulties.
- Never favour one creditor over the others.
Acting early remains the best protection against bankruptcy.