A creditor holds the director personally liable

A creditor holds the director personally liable

In addition to the curator, individual creditors can also try to hold the director of the bankrupt company liable for a certain debt (such as unpaid invoices). This can be the case when - for example - the director of a company entered into an obligation on behalf of the limited liability company, knowing that the limited liability company would not be able to pay the invoice and that it would become insolvent. Another example is when a director knowingly pays all his creditors (partially), except for one. In that case, the disadvantaged creditor can seek redress for his part from the director.

It’s possible to address the director of a  bankrupt limited liability company directly as creditor. That can easily be done without the involvement of the insolvency curator, even if bankruptcy has not been finalised yet. For a creditor, it is sometimes better to do it that way. When a curator holds a director liable, he or she does so on behalf of all creditors. The proceeds are then distributed among all creditors. When an individual creditor holds a director liable, he does not depend on a curator and he does not have to share anything with other creditors.

 

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