APSAT: creditor guide
APSAT was declared bankrupt on 11 June 2024. Who runs the procedure, the dates from the judgment and what to do now as a creditor.
APSAT
You are not paid automatically: you file your claim yourself in RegSol, within the judgment's deadline. Below: who runs the procedure, which dates apply and what to do now.
The procedure and what to do now
If this company owes you money, you are not paid automatically: you file your claim yourself, within the deadline the judgment sets.
The procedure
- Court
- Enterprise Court of Ghent, Ghent division
- Declared bankrupt
- 11 June 2024
- Supervising judge
- Bertil Reunis
- Official Gazette
- 18-06-2024 (pdf) ↗search the document for 2024/124945
Curator
- Matthias GesquiereMaaltemeers 84, 9051 1 Gent (Sint-Denijs-Westrem)m.gesquiere@portelio.be
What to do now
- Do not deliver on credit any more without an agreement with the curator.
- Gather your documents: invoices, purchase orders, contract, delivery notes and reminders.
- File your proof of claim in RegSol (regsol.be), yourself with eID or itsme, or through your lawyer. State principal, interest and costs separately, and any preferential right you hold.
- Delivered under retention of title? Reclaim your goods before the first report on the verification of claims.
- Ask your accountant about the VAT on the unpaid invoices: in a bankruptcy it can be recovered under conditions.
- Follow the file in RegSol: the verification report (admitted or disputed) and the curator's reports appear there.
The deadlines are below, each with its article, as the publication of the judgment sets them. Check them in RegSol before you file anything.
General information, not legal advice. If in doubt, the curator, your lawyer or your accountant can help.How the procedure works
What to expect as a creditor
Measured, not a forecastOf 2,655 bankruptcies of legal entities at the Enterprise Court of Ghent, Ghent division, 39% were closed within five years for insufficient assets and 30% after liquidation, 2% were withdrawn; 29% were still open after five years. Half had ended after 32 months (a quarter after 20, three quarters after 68 months).
- Closed, insufficient assets 39%
- Closed after liquidation 30%
- Withdrawn 2%
- Still open 29%
In a closure for insufficient assets ordinary creditors usually receive nothing; after a liquidation they share what remains after the costs and the preferential creditors.
Measured past, not a forecast for one case. Openings and closures from the Belgian Official Gazette (openings read since 1997), outcomes measured since October 2020. Cases still running count up to today instead of being left out (Kaplan-Meier). Legal entities only; no cell under 50 cases. 57 cases opened since October 2020 (3%) are left out: the register no longer lists them as bankrupt, but their closure is not in the publications read.
The dates, and what they mean for you
-
11 June 2024Provisional date payments stopped
The court set the day payments stopped on the day of the judgment. A later judgment can change the date.
art. XX.105 CEL -
11 June 2024Declared bankrupt
From this day the curator runs the company. Do not deliver on credit any more without an agreement with them.
-
18 June 2024Publication in the Belgian Official Gazette
The judgment is public; the deadlines below run from the judgment or from this publication.
-
passed on 3 July 2024Appeal or third-party opposition
Up to fifteen days after the publication the judgment can be appealed, and an interested party who was not a party can lodge third-party opposition.
art. XX.108 CEL -
passed on 11 July 2024File your claim in RegSol
This deadline has passed. A late claim is still possible, see below.
art. XX.104 and XX.155 CEL -
passed on 16 July 2024First verification report
The curator files the list of admitted and disputed claims. Goods that belong to you, such as those delivered under retention of title, are reclaimed before this day.
art. XX.104 and XX.194 CEL -
passed on 11 June 2025Late claim
Up to a year after the judgment you can still file late. You then share only in what has not been paid out yet, and the costs of verification are yours.
art. XX.165 CEL
Other companies of the same directors
The register lists no directors we can check for this company.
How it works
- Bankruptcy The business stops. You file your claim with the curator through RegSol, within the judgment's deadline. What to do
- Judicial reorganisation The business seeks a fresh start under court protection. For now you cannot collect. What to do
- Interim administrator The court appoints someone beside or instead of the management. Your claim remains payable. What to do
In a bankruptcy
The enterprise court declares the company bankrupt and appoints a curator, a lawyer who sells the assets and pays the creditors as far as the money goes. A supervising judge oversees the procedure. Nobody pays you automatically: you have to file your claim.
- Stop delivering on credit. Anything you still deliver after the judgment, agree it with the curator.
- Gather your documents. Invoices, purchase orders, the contract, delivery notes and reminders.
- File your claim in RegSol. At regsol.be, the Central Solvency Register: yourself with eID or itsme, or through your lawyer. State principal, interest and costs separately, and any preferential right or security you hold.
- Reclaim goods sold under retention of title. This has to happen before the first verification report, and the goods must still be there.
- Sort out the VAT. In a bankruptcy the VAT on unpaid invoices can be recovered under conditions; your accountant knows how.
- Follow the file. The verification report (admitted or disputed) and the curator's reports appear in RegSol. The court decides a disputed claim.
Deadlines
The judgment sets the last day to file your claim: by law at most thirty days after the judgment. It also sets the day the curator files the first verification report, the list of admitted and disputed claims. Both dates are in the publication of the judgment in the Belgian Official Gazette and in RegSol. A late claim is sometimes still possible, but its costs are yours and distributions already made stay made.
What do you get back?
First come the costs of the procedure and the debts the curator took on, then the creditors with a preferential right or security (such as the tax authorities, social security, the employees, or a bank with a pledge or mortgage). Only then come the ordinary creditors, among themselves in proportion to their claims. Often little or nothing is left for them, and a bankruptcy usually takes years.
Measured outcome by court and division
Of 47,224 bankruptcies of legal entities across Belgium, 45% were closed within five years for insufficient assets and 29% after liquidation, 4% were withdrawn; 22% were still open after five years. Half had ended after 28 months (a quarter after 16, three quarters after 55 months).
| Court, division | Cases | Insufficient assets | After liquidation | Withdrawn | Still open | Median duration | Middle half |
|---|---|---|---|---|---|---|---|
| Belgium | 47,224 | 45% | 29% | 4% | 22% | 28 months | 16 to 55 mo |
| Dutch-language Enterprise Court of Brussels | 5,143 | 55% | 23% | 5% | 16% | 23 months | 13 to 43 mo |
| Enterprise Court of Antwerp, Antwerp division | 6,904 | 48% | 24% | 5% | 22% | 29 months | 16 to 55 mo |
| Enterprise Court of Antwerp, Hasselt division | 2,498 | 36% | 33% | 3% | 29% | 34 months | 19 to 67 mo |
| Enterprise Court of Antwerp, Mechelen division | 1,084 | 47% | 32% | 2% | 19% | 26 months | 16 to 49 mo |
| Enterprise Court of Antwerp, Tongeren division | 834 | 42% | 31% | 3% | 24% | 31 months | 17 to 58 mo |
| Enterprise Court of Antwerp, Turnhout division | 1,644 | 45% | 34% | 3% | 19% | 23 months | 13 to 47 mo |
| Enterprise Court of Ghent, Bruges division | 999 | 38% | 36% | 1% | 24% | 32 months | 22 to 60 mo |
| Enterprise Court of Ghent, Dendermonde division | 1,880 | 39% | 43% | 3% | 14% | 24 months | 15 to 43 mo |
| Enterprise Court of Ghent, Ghent division | 2,655 | 39% | 30% | 2% | 29% | 32 months | 20 to 68 mo |
| Enterprise Court of Ghent, Kortrijk division | 1,525 | 39% | 39% | 2% | 20% | 31 months | 21 to 52 mo |
| Enterprise Court of Ghent, Ostend division | 545 | 40% | 25% | 1% | 33% | 39 months | 24 to 90 mo |
| Enterprise Court of Ghent, Oudenaarde division | 519 | 36% | 36% | 2% | 27% | 38 months | 21 to 63 mo |
| Enterprise Court of Ghent, Veurne division | 236 | - | - | - | - | 24 months | 19 to 38 mo |
| Enterprise Court of Ghent, Ypres division | 192 | - | - | - | - | 52 months | - |
| Enterprise Court of Hainaut, Charleroi division | 1,540 | 28% | 38% | 4% | 31% | 35 months | 20 to 75 mo |
| Enterprise Court of Hainaut, Mons division | 955 | 38% | 29% | 3% | 30% | 36 months | 20 to 67 mo |
| Enterprise Court of Hainaut, Tournai division | 518 | 30% | 34% | 2% | 33% | 39 months | 21 to 80 mo |
| Enterprise Court of Leuven | 1,362 | 43% | 39% | 1% | 18% | 22 months | 13 to 45 mo |
| Enterprise Court of Liège, Liège division | 3,362 | 40% | 38% | 2% | 19% | 26 months | 14 to 50 mo |
| Enterprise Court of Liège, Namur division | 1,308 | 38% | 36% | 3% | 24% | 28 months | 15 to 57 mo |
| Enterprise Court of Liège, Neufchâteau division | 459 | 31% | 35% | 2% | 32% | 33 months | 17 to 70 mo |
| Enterprise Court of Walloon Brabant | 1,947 | 41% | 33% | 2% | 24% | 32 months | 18 to 58 mo |
| French-language Enterprise Court of Brussels | 8,897 | 55% | 20% | 5% | 21% | 24 months | 13 to 50 mo |
Measured past, not a forecast for one case. Openings and closures from the Belgian Official Gazette (openings read since 1997), outcomes measured since October 2020. Cases still running count up to today instead of being left out (Kaplan-Meier). Legal entities only; no cell under 50 cases. 1,812 cases opened since October 2020 (5%) are left out: the register no longer lists them as bankrupt, but their closure is not in the publications read. A dash: too few cases of this division had run for five years to give a share there. Differences between divisions reflect the cases that arrive there, not how well anyone works.
Judicial reorganisations: what came first
Of 3,506 judicial reorganisations since 2019 across Belgium: 51% had a plan approved by the court within a year, for 1% a transfer under court supervision was ordered and 35% ended in bankruptcy within two years. Where a plan was approved, it came after a median of 4 months.
| Court | Cases | Approved within a year | Transfer within a year | Bankrupt within two years | Until approval |
|---|---|---|---|---|---|
| Belgium | 3,506 | 51% | 1% | 35% | 4 months |
| Dutch-language Enterprise Court of Brussels | 126 | 34% | 1% | 35% | 5 months |
| Enterprise Court of Antwerp | 643 | 61% | 0% | 44% | 3 months |
| Enterprise Court of Ghent | 437 | 62% | 1% | 36% | 3 months |
| Enterprise Court of Hainaut | 712 | 44% | 1% | 27% | 6 months |
| Enterprise Court of Liège | 678 | 46% | 0% | 36% | 5 months |
| Enterprise Court of Walloon Brabant | 266 | 47% | 0% | 33% | 5 months |
| French-language Enterprise Court of Brussels | 534 | 51% | 0% | 36% | 4 months |
Discharge of natural persons
Of the 5,523 bankruptcies of natural persons across Belgium closed since October 2020 with a decision on the discharge, 70% were granted it: the debts that remain can then no longer be claimed from the person.
| Court | Closures | Discharged |
|---|---|---|
| Belgium | 5,523 | 70% |
| Dutch-language Enterprise Court of Brussels | 335 | 69% |
| Enterprise Court of Antwerp | 1,453 | 67% |
| Enterprise Court of Ghent | 1,652 | 58% |
| Enterprise Court of Hainaut | 411 | 84% |
| Enterprise Court of Leuven | 221 | 85% |
| Enterprise Court of Liège | 717 | 75% |
| Enterprise Court of Walloon Brabant | 252 | 94% |
| French-language Enterprise Court of Brussels | 460 | 84% |
In a judicial reorganisation
The company asks the court for protection to restructure. During the moratorium you cannot attach or enforce for debts from before the opening; your claim still exists. The judgment states when the moratorium ends; the court can extend it. There are three tracks:
- Amicable settlement
- The company negotiates with some creditors. The agreement binds only those who sign it.
- Collective agreement
- The company files a plan (deferral, partial write-off) and creditors vote on it at a hearing. If a majority approves and the court confirms it, it also binds those who voted against.
- Transfer under court supervision
- A court officer sells the business or part of it. Creditors are paid from the proceeds, according to their ranking.
- Stop collecting old debts. No attachment or enforcement while the moratorium runs.
- Check your amount. The company has to tell you the amount it lists you for. If it is wrong, dispute it in writing.
- Vote on the plan. In a collective agreement you vote at the hearing the judgment sets, or by proxy.
- Deliver only on clear terms. What you deliver after the opening is not covered by the moratorium.
- Read the file in RegSol. The plan and the documents of the procedure are there.
Under an interim administrator
The court can appoint an interim administrator when serious failings of the management threaten the continuity of the business. The company carries on and this is not an insolvency procedure: your claim remains payable and you collect as usual. It is a signal, though, to review your credit limit and payment terms, and to follow the company.
Stay informed
Follow the company on Checked (the Follow button on its page) and you are alerted to every new judgment: an extension, the approval or the closure of a reorganisation, and the closure or reversal of a bankruptcy. What reaches you by e-mail is set under Alerts.
Frequently asked questions
How do I file a claim in a bankruptcy?
Electronically in RegSol (regsol.be), the Central Solvency Register. You sign in with eID or itsme, find the bankruptcy by the enterprise number and enter principal, interest, costs and any preferential right, with your documents attached. A lawyer can do it for you.
Until when can I file my claim?
Until the date the judgment sets, by law at most thirty days after the judgment. That date is in the publication in the Belgian Official Gazette and in RegSol. A late claim is sometimes still possible, but the costs are yours.
What is the verification report?
The list the curator files in RegSol with the claims he admits and the ones he disputes. The curator puts a disputed claim before the court.
Will I get my money back?
That depends on what the curator raises and on your ranking. The costs of the procedure and the creditors with a preferential right or security come first; ordinary creditors share what remains, which is often little.
What does a judicial reorganisation change for me?
While the moratorium runs you cannot attach or enforce for debts from before the opening. Your claim still exists and is paid under the agreement or from the proceeds of a transfer.
How do I know when the bankruptcy is closed?
Follow the company on Checked: you are alerted the morning after the Belgian Official Gazette publishes the closure or reversal. In RegSol you follow the curator's reports.
General information on the Belgian procedures (Book XX of the Code of Economic Law), not legal advice. For your situation: the curator, your lawyer or your accountant.