Bankruptcy Petition in 2025: Everything You Need to Know!

A bankruptcy petition is the formal request to the court to declare a debtor bankrupt. In this guide we look at how to draft a strong bankruptcy petition, which requirements apply and which costs are involved.

Who can file a bankruptcy petition

In the Netherlands, a bankruptcy petition can be filed by both creditors and debtors.

• Creditors can apply for the bankruptcy of a debtor (a natural person, a sole trader or a company).
• Debtors can also apply for their own bankruptcy, for example when the financial problems are too great and a realistic payment plan is not possible.

How to draft a bankruptcy petition as a creditor

As a creditor, you cannot simply send a letter to the court. The bankruptcy petition must meet strict requirements, otherwise the court will reject the request.

Requirements for the bankruptcy petition

Before you can file a bankruptcy petition, Dutch insolvency law requires that specific conditions are met:

• There are at least two creditors with outstanding claims.
• The debtor has stopped paying: they are structurally unable to settle their debts.
• The creditor must be represented by a lawyer, pay the court registry fee and provide evidence, such as unpaid invoices, bailiff reports or tax debts.

If these conditions are not met, the request will be rejected during the hearing.

Legal support

A creditor must always file the request through a lawyer. The lawyer drafts the petition and submits it to the competent court.

What must the bankruptcy petition contain?

To prove that the conditions for the bankruptcy petition have been met, the lawyer must include the following information in the petition:

• Details of the parties: names, addresses and Chamber of Commerce (KvK) numbers of both the creditor and the debtor, including the jurisdiction of the chosen court (the debtor's place of residence or registered office).
• Principal claim: the exact amount owed, the reason for the debt and proof that it is due and payable.
• Supporting claim: at least one additional claim from another creditor with evidence (for example, an unpaid invoice).
• Grounds for bankruptcy: proof that the debtor is insolvent, with concrete examples and documents.
• Details of the lawyer: the name and contact details of the filing lawyer.

How much does a bankruptcy petition cost?

Creditors must pay the court registry fee, which in 2025 has been set at:

• € 90 for private individuals
• € 331 for sole traders or general partnerships
• € 714 for companies and other legal entities

In addition, creditors must engage a lawyer, whose rates may vary.

How do you make sure your bankruptcy petition does not fail?

Filing a bankruptcy petition may seem straightforward, but in practice it is regularly rejected because the strict requirements are not met. Common mistakes:

• Only one creditor: at least two creditors are required.
• Disputed debts: if the debtor disputes the claim, you must demonstrate that the dispute is unfounded.
• Temporary liquidity problems: a short-term problem is not sufficient; the debtor must be structurally unable to pay.
• No proof of a supporting claim: you must demonstrate that another creditor also has an outstanding claim.
• Not paying the court registry fee: without payment, the request will not be processed.

Need help drafting your bankruptcy petition?

Filing a bankruptcy petition in the Netherlands is a formal procedure with strict rules. Even small mistakes can lead to rejection. That is why the law requires creditors to work through a lawyer.

Why Breyta can help you:

• A correctly drafted petition: avoid formal mistakes that cause rejection.
• All required supporting documents included: invoices, judgments and supporting claims.
• Navigating complex situations: disputed debts or multiple creditors.
• Save time and stress: let an expert handle the procedure.
• Increase your chance of success: the court takes professionally drafted requests more seriously.

Would you like to have your bankruptcy petition drafted correctly? Submit your request here and receive advice within one working day, with no obligation.