What can I do when a supplier goes bankrupt?
You've just placed your order but now your supplier remains unable to deliver. What can you do then?
It is not always possible for the liquidator to inform you about the bankruptcy of your supplier, for instance because the supplier's administration is so chaotic that the liquidator cannot find a clear list of customers. If you suspect that your supplier is bankrupt, you can in any case look it up in the Crossroads Bank for Enterprises or via the website of the Belgian Official Gazette.
If you have placed an order with a supplier declared bankrupt, dab there is a chance that you will still receive this order. This is the case when the receiver finds your delivery and it is clear that it is intended for you.
On the other hand, if it becomes clear that you will no longer receive your order even though you have already paid an advance, you will have to file a claim within one year from the date of the bankruptcy decree.
Keep in mind that you will just "join the heap" of creditors, without any privilege. It is therefore advisable not to make excessive advance payments.
In addition, it is also possible that when you placed your order, you had contractually agreed with your supplier on compensation in case of a delayed or delayed order. You will then be entitled to such contractual damages, but you will have to file a claim for that too, so there is a chance that you will never be paid. Thus, filing a claim does not always guarantee receipt of the funds. As a creditor without privilege, you are at the back of the proverbial queue. It does not matter whether you are the first to file a claim or not. The chances of being repaid are slim. Nevertheless, it is still very useful to file a claim declaration. This is because the claim allows you to enter the amount as a business loss and recover the VAT amount already paid.
Belgian natural persons can choose to submit the claim digitally via www.regsol.be or to submit the claim in writing to the receiver. Belgian legal entities or natural persons with counsel can only submit the claim digitally via www.regsol.be.
Do I need a lawyer?
A lawyer can primarily advise you on entering into agreements with your supplier. In addition, a lawyer can help you file your claims. This is because the latter is experienced in this, relieves you very easily and will keep you informed.