You can only be declared bankrupt if there is more than one creditor
What does the law say
Article 6, paragraph 3 of the Bankruptcy Act provides that the court can declare bankruptcy if a debtor has “ceased to pay”. It is generally accepted that this is the case if there is at least one other creditor with a claim due. The applicant for the bankruptcy will have to make this plausible.
Aid claim
The word “aid claim” refers to the situation in which one creditor files for bankruptcy, submitting evidence that at least one other debt is due. Agreements can be made with this other creditor about the use of this information, but this is not necessary.
How do you find a support claim?
That’s our job. So we can’t say too much about that.
Multiple applicants in one procedure
One way in which the requirement of “creditor diversity” can be met is obvious: several applicants jointly apply for bankruptcy in one petition, with the help of the same lawyer. This has the advantage that the applicants cannot be played against each other in a payment arrangement. The situation is different with a loose aid claim.
Multiple applicants in different procedures
If several creditors simultaneously file for bankruptcy and they know this from each other, the requirement of the plurality of creditors is also met. This is not always convenient from the creditors’ point of view. There is then no good coordination.
Employees
It regularly happens that a group of employees file for the bankruptcy of their employer. In that case, there is by definition a plurality of creditors. Read more.
