Back to blog
    Business

    Restart after bankruptcy: how do you assess the new entity?

    Bankruptcy is often followed by a restart through a new BV. Here is how to assess whether you want to do business with the successor — and on what terms.

    Publisher: CreditCheck.nl7 min reading time

    Short answer

    In a business restart, a different legal entity may take over assets or operations. Check the KVK (Dutch Chamber of Commerce) number, the transaction and any agreements on debts; a familiar trading name is not proof that previous obligations have been assumed.

    Restart after bankruptcy: how do you assess the new entity?

    What is a business restart?

    In a business restart, a new legal entity buys assets from the bankrupt estate: stock, machinery, the brand name, sometimes staff and customer contracts. The debts remain with the old entity.

    Short answer: your existing claim does not transfer. The new BV is legally a different company, even if the name, premises and director are the same.

    What you need to check

    1. KVK (Dutch Chamber of Commerce) number. A new number means a new entity; never rely on the trading name alone.
    2. Directors and shareholders. Are they the same people as at the bankrupt business?
    3. Those directors' insolvency history. Multiple bankruptcies are a significant warning sign.
    4. Capitalisation. Has meaningful equity been injected, or only a minimal contribution?
    5. Security interests. Have stock and receivables already been pledged to a finance provider?
    6. Public report. What exactly was sold, to whom and at what price?

    Terms for the start of the relationship

    StageRecommended terms
    First three monthsAdvance payment or payment on delivery
    Months 4-6Small credit limit with a short payment term, following demonstrably good payment behaviour
    From month 7Increase the credit limit based on payment history and current figures
    AlwaysRetention of title and clear terms and conditions

    Red flags

    • The same director with multiple insolvencies within a few years
    • A restart without staff but with all customer contracts
    • No first annual accounts filed after the statutory deadline
    • Immediately requesting large orders on credit from previous suppliers

    A balanced view

    Not every restart is suspicious. Many restarts are a legitimate way to preserve jobs and value. The lesson is not "avoid", but "reassess as if this were an unfamiliar customer".

    Would you like the history of a restarted business investigated? Request credit information below.

    From explanation to a company file

    Sources and scope

    Examples and policy choices in this article are illustrative, not a current quotation, fixed standard or financial or legal advice. The editorial revision date relates to the summary, structure and source references; it is not a reference date for the underlying data.

    Primary sourceWhat is it used for?
    De Rechtspraak — Central Insolvency RegisterOfficial insolvency notices and available public reports; check the relevant entity and the date of the court ruling.
    CBS (Statistics Netherlands) — bankruptcies, key figuresNational bankruptcy statistics with reporting periods, definitions and explanatory notes.
    KVK (Dutch Chamber of Commerce) — checking business partnersCompany identification and checks on business partners.

    Source links support the topic mentioned, but do not automatically substantiate all percentages, time frames or examples in this article. Check current terms and rules with the responsible authority.

    Request credit information with sources and reference dates
    Request credit information

    Request credit information

    Leave your details and describe the credit information you need. We supply the information with sources and reference dates — we do not provide financing ourselves.

    This quick check prevents automated spam enquiries.

    How we process your data
    • What: company name, contact person, email address, telephone number and your explanation.
    • Purpose: solely to respond to your information request and contact you.
    • Recipient: your own email application sends the message directly to sales@liplyn.com. This form does not store anything itself or enter any data into a database.
    • Legal basis & rights: processing based on your consent. You can request access to, correction or deletion of your data by emailing sales@liplyn.com.

    When you submit, your own email application opens with a pre-filled message to sales@liplyn.com. CreditCheck.nl provides credit information about companies and individuals and does not itself provide financing. Your data is used only to answer your question.