Ensure debtors are well prepared to enter Wsnp

For the Tijdschrift Schuldsanering my colleague Joost Gerritsen and I wrote an article in which we list five practical tips for debt relief workers. As Wsnp administrators, we are usually not involved in the amicable process. With our tips debt relief providers can prepare for a smooth transition from amicable to statutory debt restructuring. Too often we see that debtors are not fully prepared for the Wsnp. For example - often completely unexpected for the debtors - a waiver of child maintenance or a "statement of no private use" of the lease car must still be applied for.

Risk of new debt

For example, it happened to me last week, that in a newly pronounced Wsnp, the bank reported to me. They had found two bank accounts with a positive balance in the debtor's name. These turned out to be the budget management account and the living allowance account. The same bank also had a claim on the debtor by virtue of a revolving credit. The bank therefore invoked its right of set-off. Quite apart from the fact that the balance is then not for the benefit of all creditors, this also immediately creates a risk of new debts for the debtor, with all its consequences.

Appeal to the Wsnp?

Therefore, our tips are not only worth reading for debt relief workers, but actually for everyone involved with people dealing with problematic debts. Does it look like an appeal to the Wsnp will be made? If so, please read through our tips. If you still have questions about these topics, or other questions on the intersection between the amicable and legal track, please feel free to contact us.