Filing for Bankruptcy as a Creditor: Everything You Need to Know

When a debtor does not pay and reminders and collection attempts produce nothing, the law gives creditors one of the most powerful tools: applying for the bankruptcy of the debtor. This is known as filing for bankruptcy as a creditor and makes it possible to ask the court to declare an individual or a company bankrupt.

In this guide we explain how filing for bankruptcy by a creditor in the Netherlands works in 2025: the legal basis, the steps you need to take, which evidence you need and the risks you should consider before taking this step.

Filing for someone else's bankruptcy: documents and requirements

Who can file and where to submit

Any creditor (one or several), the Public Prosecution Service, shareholders or the debtor themselves can file for bankruptcy.

But can a creditor file for bankruptcy?

Yes, as long as the legal requirements are met. When a creditor submits a request, Dutch practice requires that this is done through a lawyer. The petition is submitted to the court in the district where the debtor has its registered office or where the person lives.

Requirements to file for bankruptcy as a creditor

Before you proceed to file for someone else's bankruptcy, you must check whether you meet the legal conditions:

1. The debtor has stopped paying. The debtor must demonstrably be unable or unwilling to meet their payment obligations on time. Usually this means that there are at least two creditors with unpaid claims against the debtor.
2. There is a valid, undisputed claim. The creditor must have a valid claim, supported by invoices, contracts, reminders or even court judgments.
3. Evidence has been gathered. Supporting documents such as invoices, bank statements and correspondence demonstrating the payment arrears must be ready to be submitted.
4. A lawyer has been arranged. A lawyer must be engaged to draft and submit the petition on behalf of the creditor.

Only when these steps have been completed can the creditor submit a bankruptcy petition to the competent court.

Documents you need to gather

Before you file for bankruptcy as a creditor, you must collect evidence of the debt. Make sure you can at least submit the following:

• Formal invoices and contracts that demonstrate the debt(s)
• Copies of all demands and reminders
• Proof of non-payment
• Bank statements showing that the debtor cannot pay, including reversed, refused or missed payments
• Any steps already taken to secure or collect your claim (for example, a prejudgment attachment)
• If available: a list of other known creditors and the size of their claims
• Clear identification of the debtor (Chamber of Commerce (KvK) registration for businesses)

Filing for bankruptcy as a creditor: what does it cost?

As of 2025, there are various costs to take into account:

• Court registry fee (varies by type of applicant)
• Cost of legal assistance (depending on the arrangements with your lawyer)
• Any costs for security and enforcement measures

Important: the court registry fee must be paid within four weeks of submitting the request. In the event of late payment, the court may decide not to handle the case, but the costs remain payable. Always ask your lawyer for a cost estimate to avoid surprises.

Fixed costs of a bankruptcy petition as a creditor in 2025

• Lawyer's fee: from € 999 (excl. VAT)
• Investigation of supporting claims: € 250 (excl. VAT)
• Summons notice: € 90 (excl. VAT)
• Court registry fee for natural persons: € 331 (exempt from VAT)
• Court registry fee for legal entities: € 714 (exempt from VAT)
• Information costs: variable

Filing for bankruptcy as a creditor: cost overview

Below are some sample calculations for the total costs:

• Application by a sole trader: lawyer's fee from € 999 + court registry fee € 331 + summons notice € 90 + information costs € 25 = total from € 1,445
• Application by a private limited company (legal entity): lawyer's fee from € 999 + court registry fee € 714 + summons notice € 90 + information costs € 25 = total from € 1,828
• Application by a private individual: lawyer's fee from € 999 + court registry fee € 331 + summons notice € 90 + information costs € 25 = total from € 1,445

What happens if the request succeeds?

If the judge declares bankruptcy at the request of a creditor:

• The court appoints an insolvency trustee who manages and liquidates the assets
• The bankruptcy is made public so that all creditors are informed
• Creditors submit their claims to the insolvency trustee, who verifies them and distributes the proceeds according to the statutory order of priority
• The debtor loses control over their assets and must cooperate with the investigation

And if the request is rejected?

If the judge rejects the request, the debtor remains solvent in the eyes of the court and retains control over their assets. The creditor can take other legal steps, such as a debt collection procedure or a prejudgment attachment. If new circumstances arise or additional evidence becomes available, a new bankruptcy petition can be submitted later.

How Breyta supports you

• A quick response: you receive a reply within one working day, with no obligation
• Clear explanation: we explain step by step how filing for bankruptcy as a creditor works
• A clear cost estimate: insight into all possible costs in advance
• Legal expertise: cooperation with experienced insolvency lawyers
• A personal approach: advice tailored to your specific situation and position as a creditor

Would you like a quote or advice? Request legal advice here with no obligation.