The trick of the disappeared debtor: what happened?

Scared because you see in the Trade Register that your debtor's limited liability company has been deregistered, while your invoices are still outstanding? Chances are that a turboliquidation has been used. The director then declares that there are no more assets and stops the BV immediately.

To you, it looks like the BV has evaporated. But a turboliquidation is only allowed if there is really nothing left at all. So no stock, no company car, no money in the account and no receivables from others.

Do you know or suspect that there were still assets? If so, the turboliquidation is probably unlawful and you can take steps to still get paid.

Your first weapon: law transparency turboliquidation 2026.

Due to the Temporary Transparency Turboliquidation Act, since 2026 the director has a heavy accountability obligation. You, as a creditor, are entitled to clarity. The director must file with the Chamber of Commerce:

  • A closing balance sheet and a statement of income and expenses
  • An explanation as to why there would be no more benefits
  • The financial statements of recent years

Your first action: check directly with the Chamber of Commerce to see if these documents have been filed. Are they missing or unclear? Then the director is already 1-0 behind legally and you can sue him for mismanagement.

Do you doubt whether the documents are correct or complete? Then it is wise to seek legal advice quickly and establish your position as a creditor.

Step 1: reopening the liquidation

Do you suspect that there was still money or assets in the BV? Then you can ask the court to reopen the liquidation on the basis of Article 2:23c of the Dutch Civil Code. This is especially useful if, for example:

  • Know that there was stock or inventory shortly before deregistration
  • Sees business assets shifted to private just before turboliquidation
  • Know that there was still a pending lawsuit, insurance claim or other claim

When the court orders the reopening, the BV comes back to life, so to speak. A liquidator is appointed who looks at what assets there are and how they should be distributed to the creditors.

You increase your chances of payment with this, especially if there are still goods, receivables or cash flows that were previously kept out of sight.

Step 2: filing for bankruptcy after dissolution

Even if the BV has already been deregistered, you, as a creditor, can still file for bankruptcy.So the dissolution of the BV does not mean that you no longer have any resources. On the contrary: bankruptcy is often a powerful means of pressure.

After the bankruptcy is declared, a trustee comes in. This will have access to the complete records and may investigate whether the director was guilty of:

  • Paulian dealings: for example, selective payment or siphoning off assets
  • Improper management: such as non-compliance with the accounting obligation under Article 2:10 of the Civil CodeDoes the trustee find irregularities? Then that can be the basis for directors' liability and you as a creditor have a better chance of recovering (part of) your claim.

Do you already have a judgment or large outstanding debt? Then it's smart to have your options properly calculated before you start this process.

Step 3: address the director privately

Is the BV empty or deliberately emptied? Then you want to get your money where it is: from the director in private. This can be done on the basis of director's liability and tort (article 6:162 BW).

You can sue the director privately if, among other things:

  • The director knew or should have known that your invoice could not be paid, but ordered it anyway (the Bekels standard)
  • The turboliquidation was used to put you out of business as a creditor
  • There is selective payment: friends do, you don't.

    In such situations, the driver's conduct becomes personally culpable. The court can then require the director to compensate (part of) your damages from private assets.

    Often this type of process runs concurrently with court proceedings. Therefore, be well advised about the burden of proof, costs and chances of success before taking this step.

Important to know: as a creditor, you bear the burden of proof for a serious fault against the director. Therefore, not every mistake or form of prejudice automatically leads to personal liability.

In addition, the Temporary Act on Transparency of Turboliquidation may impose additional requirements for director accountability. For a complete picture, it is wise to take these legal frameworks into account and get proper advice on your specific situation.

Practical checklist: here's how to do it

In summary, as a creditor, you can do much more than just watch a BV be deregistered. These steps will help you regain control of the situation:

  • Check the registration and deregistration of the BV with the Chamber of Commerce
  • See if the mandatory documents on the turboliquidation have been filed
  • Map out what possessions may have been or may still be there
  • Have an assessment of whether reopening the liquidation is promising
  • Explore whether filing for bankruptcy is strategically smart
  • Have review done to determine whether directors' liability is feasible

Don't be discouraged by a "dissolved" or "deregistered" status with the Chamber of Commerce. Often it is an attempt to get out from under debts. With the right legal pressure, you can lift the veil from the BV and still get your justice.

Would you like a specialist to look at your case with you? You can file a debt collection online within minutes, or spar about your options first.

BV of your debtor deregistered? Let us help you get your money.

Do you doubt whether there is anything you can do now that your debtor's limited liability company has been dissolved? We are happy to look at the documents of the Chamber of Commerce, your invoices and the position of the director with you. That way you will quickly know which route offers the best chance of success.

You can file a collection directly online or consult first about the best strategy in your situation.