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Recovery of Trade Debts from Insolvent Debtors

In a financial crisis, acting early changes the options available to companies and creditors. When a debtor may be insolvent, a creditor should preserve evidence of the debt and assess security before pursuing enforcement.

What to keep in mind

Verify invoices, contracts, acknowledgments, guarantees, debtor assets and any existing insolvency case.

Delays and uncoordinated enforcement may reduce recovery prospects.

Distinctions often confused

A debt collection lawsuit and filing a claim in a collective proceeding are not interchangeable.

Frequently asked questions

Can a creditor collect directly after an insolvency filing?
This depends on the nature of the claim and applicable restrictions.
Are guarantees always affected in the same way as the underlying debt?
No. Their treatment requires an individual legal analysis.

Informational content. It is not a substitute for professional advice.