Can you get remission of debts in the event of bankruptcy?

As a result of the implementation of the reformed Belgian Insolvency Act[1], a bankrupt natural person can obtain remission of his (remaining) debts.

This is particularly interesting for (daily) managers, CEOs or sole proprietaries, or single-person businesses.

FORMAL REQUEST

A formal request for remission of debt should be filed before the competent Commercial Court, either at the time of the bankruptcy declaration or after the publication of the insolvency judgment in the Belgian Official Gazette. In any case, the request must be prior to the hearing at which the court must rule on the closure of the bankruptcy.

Interested parties, including the public prosecutor, the creditors, and the trustee, may oppose the request. They can ask for the remission to be granted only partially or even refused. They will have to prove that the debtor-bankrupted has committed serious errors that have contributed to the bankruptcy.

If you have filed a request for remission as a bankrupt natural person and there is no opposition, the Commercial Court must, in principle, grant the remission in full.

Would you like to submit a request for remission?

Contact us for more information.

Sources:

• [1] Article XX.173 of the Act inserting Book XX “Insolvency of companies” into the Code of Economic Law and inserting the definitions proper to Book XX and the law enforcement provisions proper to Book XX into Book I of the Code of Economic Law, BS 11 September 2017.

• § 1. If the bankrupt is a natural person, he shall be released from the remaining debts vis-à-vis the creditors, without prejudice to the collateral provided by the debtor or third parties. The remission does not affect the maintenance debts of the bankrupt nor the debts arising from the obligation to repair the damage related to the death or the violation of the physical integrity of a person to whom the bankrupt is at fault.