Liability after Bankruptcy: Legal Advice

Questioner

I am being held liable by a bankrupt BV of which I have not been a shareholder for two years for doing a 'cash round' when the then BV was established. At the time, I was 50% owner and the trustee is now demanding 9000 euros from me for the full payment of the shares. However, at the time I spent a lot of hours and costs to establish the BV (including business plan, tax specialist, etc.) which is why I immediately returned the paid-up amount to my private holding company. The trustee is also of the opinion that because the shares were not fully paid up, I am being held liable for improper management and that all debts arising from the bankruptcy on the BV will be recovered from me personally. In the meantime, I have of course made much further progress with another company and am now saddled with a major problem that was ultimately not caused by me. What is the wisest course of action in this matter?

Lawyer

It makes quite a difference whether you have withdrawn money from your bankrupt BV on the basis of a loan or whether you have not paid up your shares in full. It also makes quite a difference whether you have acted exclusively as a shareholder or (also) as a director. You will have to be able to provide proof of the loan, as well as that the bankruptcy had other causes than just a liquidity shortage. Our office has a lot of experience with these types of cases, so feel free to contact us (via the contact button after you have logged back into this website) so that we can make a better assessment.