WSNP صاف سليٽ: ڪهڙا قرض ڏيندڙ دعوائون بچي وڃن ٿا ۽ توهان ڇا ڪري سگهو ٿا؟

Once a court has granted your debtor a clean slate (schone lei) at the end of a statutory debt restructuring (WSNP), you can in most cases no longer enforce your claim (Article 358(1) of the Dutch Bankruptcy Act). The main exceptions are claims under a criminal judgment, student loans, certain mortgage claims on the debtor’s home and new debts incurred during the scheme; and if the debtor acted in bad faith, the clean slate can be withheld or revoked.

Below we explain how the WSNP works, which claims survive the clean slate and what you can still do as a creditor.

What is the WSNP?

The WSNP (Wet schuldsanering natuurlijke personen) is the Dutch statutory debt restructuring scheme for private individuals who can no longer pay their debts. It is part of the Dutch Bankruptcy Act (Faillissementswet, Fw).

The aim is to give the debtor a fresh financial start after a period in which he pays as much as possible to his creditors. The price for creditors is considerable: once the clean slate is granted, the remaining part of most claims can no longer be enforced. You can read the rules in Title III of the Bankruptcy Act on wetten.overheid.nl تي اپلوڊ ڪيو ويو    |.

How long does a WSNP scheme last?

As a rule, eighteen months (Article 349a Fw). The court can set a longer term or extend it, up to a maximum of five years.

During the scheme, a court-appointed administrator (bewindvoerder) manages the estate. The administrator collects the part of the debtor’s income above the protected amount, supervises the debtor and reports to the supervisory judge (rechter-commissaris). The debtor must, among other things, look for work, provide information and not take on new debts.

As a creditor, your influence during this phase is limited. You submit your claim to the administrator for verification and receive a share of whatever is distributed at the end. If the administrator or the debtor does not comply with the rules, you can raise this with the supervisory judge.

What does the clean slate mean for your claim?

Under Article 358(1) Fw, the unpaid part of claims that fall under the scheme can no longer be enforced after the clean slate. This applies whether or not you submitted your claim.

The claim does not disappear completely. It continues as a natural obligation (natuurlijke verbintenis): the debtor may still pay voluntarily, but you can no longer enforce payment through the courts, a bailiff or an attachment. Collection steps after the clean slate have no legal effect.

Under Article 358(3) Fw, the clean slate also covers estate debts (boedelschulden) that could not be paid from the estate. These are debts that arise from the administration of the scheme itself, such as the administrator’s fee. They too cannot be recovered afterwards.

Which claims fall outside the clean slate?

The Bankruptcy Act makes a limited number of exceptions, mainly in Articles 299a and 358(4)-(5) Fw. In each case, check carefully whether your claim really fits the category.

Claims under a criminal judgment

Under Article 358(4) Fw, the clean slate does not apply to claims arising from a final criminal conviction. These are criminal fines, confiscation orders, compensation orders imposed in favour of the victim and damages awarded to the injured party (benadeelde partij) under Article 51a of the Code of Criminal Procedure. If the criminal court awarded you compensation, you can continue to recover it after the scheme. Administrative fines, by contrast, do fall under the clean slate.

Mortgage claims on the debtor’s home

A mortgage creditor who did not enforce during the scheme keeps its claim. The Supreme Court held on 13 March 2009 (ECLI:NL:HR:2009:BG7996) that such a mortgage claim remains outside the effect of the scheme, and Article 358(5) Fw also excludes certain mortgage claims on the debtor’s home from the clean slate.

In a judgment of 10 June 2016 (ECLI:NL:HR:2016:1135), the Supreme Court confirmed that the residual debt can still be recovered after the scheme has ended, as long as the lender did not enforce its security during the scheme. If the home is sold during the scheme, the position is different, and the residual debt usually falls under the scheme.

طالب علمن جو قرض

A student loan from DUO is not written off by the clean slate. Repayment is suspended during the scheme, but the debt remains afterwards (Article 299a Fw).

New debts incurred during the scheme

The scheme covers the claims that existed on the day it was declared applicable, not debts the debtor takes on afterwards. New debts, such as unpaid invoices for goods or services ordered during the scheme, remain enforceable. Incurring new debts is also a ground for the court to end the scheme early without a clean slate (Article 350(3) Fw).

Can the clean slate be refused or revoked?

Yes. If the debtor does not comply with his obligations, the court can end the scheme early without a clean slate, and it can revoke a clean slate afterwards if bad faith comes to light.

صاف سليٽ کان سواءِ جلد ختم ٿيڻ

Article 350(3) Fw lists the grounds on which the court can terminate the scheme early. These include culpable failure to comply with obligations, taking on new debts and prejudicing creditors. When the scheme ends without a clean slate, the old debts become fully enforceable again. Courts use this power in cases of serious non-compliance, such as concealing income or a bank account.

Revocation after the scheme has ended

Under Article 358a Fw, the court can decide that the clean slate no longer applies if facts come to light after the scheme has ended that would have justified early termination. Think of hidden income, concealed assets or false information given to the administrator. The court must hear the debtor first, and appeal is possible within eight days.

If you suspect fraud during the scheme, inform the administrator and the supervisory judge and support your concerns with documents. Knowingly prejudicing creditors can also be a criminal offence, so a report to the police may be an option.

Which limitation periods should you watch?

A claim that falls outside the clean slate can still become time-barred. Most payment claims under a contract are time-barred five years after they became due (Article 3:307 of the Dutch Civil Code).

A claim established in a court judgment can be enforced for twenty years (Article 3:324 of the Dutch Civil Code). A written warning in which you clearly reserve your right to payment interrupts the limitation period, after which a new period starts. The same is true of enforcement measures: the Supreme Court held on 13 February 2026 (ECLI:NL:HR:2026:231) that each monthly collection under a wage attachment interrupts the limitation period of a residual mortgage debt.

Can you still set off your claim?

Not after the clean slate. Because your claim is then only a natural obligation, you cannot set it off against an amount you owe the debtor.

The Supreme Court ruled on 15 March 2019 (اي سي ايل آءِ: اين ايل: ايڇ آر: 2019:377) that set-off requires that you can demand payment of your own claim, as Article 6:127(2) of the Dutch Civil Code provides. A claim covered by the clean slate does not meet that requirement. During the scheme, set-off is only possible within the limits of the Bankruptcy Act (Articles 53 and 54 Fw, which apply through Article 313 Fw).

Does the clean slate also apply to foreign creditors?

Yes, within the EU. The WSNP is an insolvency proceeding under the EU Insolvency Regulation (Regulation (EU) 2015/848), so its effects are recognised in the other member states except Denmark.

This applies if the debtor’s centre of main interests was in the Netherlands when the scheme was opened. A foreign creditor is then bound by the clean slate in the same way as a Dutch creditor, whether or not it submitted its claim. Starting proceedings in another member state does not get around it.

قرض ڏيندڙ جي حيثيت ۾ توهان کي ڇا چيڪ ڪرڻ گهرجي؟

Your options are limited but real, and most of them depend on acting before a deadline passes.

• Have you submitted your claim to the administrator, with invoices and contracts, within the period the administrator sets?
• Does your claim fall under an exception: a criminal judgment, a mortgage on the home, a DUO student loan or a debt incurred after the scheme started?
• Have you reported signs of hidden income or assets to the administrator and the supervisory judge, with documents?
• After the scheme, have you interrupted the five-year limitation period (Article 3:307 BW) on any surviving claim?
• Have you stopped collection, attachment and set-off on claims covered by the clean slate?

قرضدار جي حيثيت ۾ توهان کي ڇا چيڪ ڪرڻ گهرجي؟

For the debtor, the clean slate only holds if the obligations under the scheme were met for the full term, usually eighteen months.

• Have you given the administrator complete information about your income, bank accounts and assets?
• Have you avoided new debts during the scheme (Article 350(3) Fw)?
• Which debts remain after the clean slate: fines under a criminal judgment, a DUO student loan, a non-enforced mortgage?
• Is a creditor still collecting a claim covered by the clean slate? Collection steps then have no legal effect.

What can we do for you with a claim after a WSNP clean slate?

We act for creditors before, during and after a WSNP scheme, as ڏيوالي جا وڪيل ۽ اسان جي ذريعي سول وڪيل مشق.

• We check whether your claim falls under the clean slate or under one of the exceptions in Articles 299a and 358 Fw.
• We prepare and submit your claim to the administrator with the supporting documents.
• We draft a request to the supervisory judge or the court where the debtor is not complying, or a request to revoke the clean slate under Article 358a Fw.
• We send interruption letters and keep track of limitation dates for claims that survive.
• We recover surviving claims through the courts and a bailiff, including attachment.

خلاصو

• After the clean slate, most claims become natural obligations that you can no longer enforce (Article 358(1) Fw), even if you did not submit them.
• Unpaid estate debts are also covered (Article 358(3) Fw).
• Claims under a final criminal judgment, student loans, certain mortgage claims on the home and new debts incurred during the scheme remain enforceable.
• The court can refuse the clean slate or revoke it afterwards if the debtor acted in bad faith (Articles 350(3) and 358a Fw).
• Surviving claims can still become time-barred, so interrupt limitation in time.

وچان وچان سوال ڪرڻ