When a debtor goes bankrupt, the creditor has a certain amount of time to file their creditor claim (maximum 20 days as from the date of legal declaration of bankruptcy).
It is therefore important to be informed of a customer's bankruptcy as early as possible in order to declare receivable debts and have them verified in due time.
Bankruptcies are displayed and published in the newspapers by the trustee within 3 days of the judgement.
They are promptly published in the Insolvency Register (REGINSOL) which can be consulted on the website of the Trade and Companies Register.
Creditors can directly contact the district court (Luxembourg or Diekirch) which has jurisdiction over the business in question.
Who is concernedA creditor whose debtor has ceased payments or who is suspected to be in a state of bankruptcy must keep themself informed of the debtor's situation so that they can file a creditor claim in due time, should the debtor indeed go bankrupt.
How to proceed
Bankruptcies published in the newspapers
Creditors should regularly read the newspapers to check whether their debtor has not been declared bankrupt.
3 days after a business has been legally declared bankrupt, the trustee ensures that the following is posted in the auditorium of the court and also published in the newspapers:
- the declaration of bankruptcy; and
- the ruling which determines the period of cessation of payment.
Finding bankrupt businesses on the internet
In order to verify whether their debtor has gone bankrupt, a creditor can:
- search by name or registration number on the website of the Trade and Companies Register (RCS) under the heading 'Search for an RCS file'. Where applicable, the search result will systematically indicate the wording 'radié' (revoked) or 'en faillite' (bankrupt) next to the company name. If no wording appears, the company is still active.
- Consult the Insolvency Register (REGINSOL) on the website of the Trade and Companies Register. It is possible to download the monthly statement of bankruptcy judgements. This statement specifies the date of the judgment, the name of the bankrupt company and the name of the trustee.
Contacting the clerk of the court
In order to verify whether their debtor has gone bankrupt, the creditor can also contact the clerk of the district court who has jurisdiction over the business concerned (Luxembourg or Diekirch).
The clerk will indicate if the business is declared bankrupt and provide the name of the trustee where the creditor claim can be submitted.
For further information on the procedures that must be undertaken, businesses and individuals may contact the Centre for Civil and Commercial Mediation (Centre de médiation civile et commerciale).