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The Hague Court of Appeal: creditor obtains broader evidence against director of bankrupt company

Writer: Caspar van der Winden
Caspar van der Winden
Oct 20
2 min read

How far can a creditor go in gathering evidence against the director of a bankrupt company? Further than the district court had allowed, according to a decision of The Hague Court of Appeal of 13 October 2026 (ECLI:NL:GHDHA:2026:3069).

What happened?

A creditor claims to be owed more than EUR 170,000 by a private company that went bankrupt in September 2023. She suspects that the director shifted quotations and ongoing assignments to other companies without compensating the bankrupt company. To prepare a possible director liability claim, she requested a preliminary witness hearing and copies of documents. The district court largely limited this to six projects.

The court's considerations

The court of appeal considered that facts about other projects become more relevant and that the reconstruction of the financial position must go back three years before the bankruptcy. The director must therefore provide copies of, among other things, bank statements, invoices, ledger cards and annual accounts of the bankrupt company, the holding and two sister companies. The large number of documents does not make this a fishing expedition. The court applied the rules of evidence in force since 1 January 2025. Information from the trustee's irregularities investigation remains confidential (Section 68(2) of the Dutch Bankruptcy Act).

Whether the suspicion is correct has not yet been established. But the case shows how far a creditor can get with preliminary evidence measures.

Practical tips

  • Substantiate and document any shifting of assignments or clients between group companies, including arm's length compensation.

  • Keep the records of all group companies in order; a creditor may look back several years.

  • As a creditor, consider a targeted request for preliminary evidence measures before starting proceedings on the merits.

Read more about director liability on our specializations page.

What does this mean for your organisation? Contact us.

This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.

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