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Companies protected against bankruptcy until the end of January

11 november 2020

17:26

Companies that have closed their doors are once again temporarily protected against seizures and bankruptcy. Until the end of January, there will be a moratorium on bankruptcies, the De Croo government has decided.

When a Belgian company is in financial difficulties, legal reorganization proceedings are usually initiated before the corporate court. But Minister of Justice Vincent Van Quickenborne (Open VLD) and his colleague from Middle Class David Clarinval (MR) have decided to press the pause button again.

The De Croo government on Friday approved a new moratorium on bankruptcies for companies that are obliged to close their doors. That runs until January 31st. The text first goes to the Council of State, after which it is approved in the Chamber.

With the first corona wave in March, the Wilmès government introduced a moratorium on bankruptcies until June 17. After that, the tax authorities and the NSSO took a restrained position. They respected a de facto moratorium and did not initiate bankruptcy proceedings for tax or social security debts.


By reintroducing a moratorium on bankruptcies, we can keep many of our healthy companies in calm waters.

Vincent Van Quickenborne

Minister of justice



‘Every bankruptcy is one too many. We see that the support measures have helped healthy companies get through the first corona shock. By reintroducing a moratorium on bankruptcies, we can keep many of our healthy companies in calm waters, monitor their situation closely and take appropriate measures when flashing lights go off, ”says Van Quickenborne.

Essential for life

The self-employed organization Unizo was calling for a moratorium because many SMEs are running out of reserves and are in danger of not surviving this lockdown. The most recent survey by the Economic Risk Management Group (ERMG) at the end of October found that 8.1 percent of the entrepreneurs surveyed estimate bankruptcy as likely to very likely. According to Unizo, this corresponds to about 70,000 bankruptcies.

“We think a moratorium is a vital measure,” says Unizo CEO Danny Van Assche. “Now that the crisis is raging in full force again, we must use all possible means to prevent companies that were financially healthy in March from going overboard.”

“We are pleased that the moratorium is being reintroduced,” says Lynn Jonckheere, legal advisor at Unizo. ‘If companies are now declared bankrupt, it can cause a chain reaction of bankruptcies among suppliers.’


If companies are now declared bankrupt, it can cause a chain reaction of bankruptcies among suppliers.

Lynn Jonckheere

Legal advisor Unizo



Unizo would have liked to see the scope wider, because the moratorium is limited to companies that are obliged to close their doors. “We would like to expand to all companies that are struggling in the corona crisis and were not on strike on March 18,” says Jonckheere.

Wage garnishment

The government also decided, on the initiative of Van Quickenborne, to reintroduce a temporary containment of seizures. This was already in place from May 20 to June 17 and prevented executive and onerous attachment by third parties, including wage attachment. That will now be repeated.

“We want to arm our economy and the citizens in this second corona wave against possible bankruptcies and financial difficulties due to the corona crisis,” said Van Quickenborne. “The current situation is very precarious, but we will not leave anyone behind in this difficult period.”

Minister of Justice Vincent Van Quickenborne (Open VLD)
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