When you have an unpaid invoice and the client - that still has to pay you - goes bankrupt, it’s understandable you want to know what your rights are and how this process works.  

Bankruptcy
A (creditor of the) client can file for bankruptcy at the court. Once the court has given its verdict on the initial bankruptcy, they will appoint a curator. A curator will investigate whether the client has capital left, to be shared among the due creditors. Often in situations as such, there isn’t enough capital to pay everyone back what they are owed respectively and thus the curator equally divides the properties according to the law and its legislation. The curator, however, will be the first party to get their salary paid once this process starts after which the Tax Authority (Belastingdienst) and the UWV (Employee Insurance Agency) are in line to get their share. Unfortunately, you as a FreeFlexer, are the last in line in this process. As soon as Temper and/or Finqle is/are aware of the bankruptcy, you will be notified. 

How can you still get paid?
All creditors will have to report to the appointed curator. You as a FreeFlexer don’t do this because Finqle does this on your behalf. These terms have been agreed upon when you signed the User Agreement. Finqle collects your payments from the clients and files your open invoices to the curator in the case of bankruptcy.

It can sometimes take up to 6 months before the curator has divided all the remaining properties of the client. Please be aware that the chance exists that you may not receive the money that you are owed. If the client does pay the open invoices or part of, you will receive this as a payment from Finqle. Once and if Finqle receives an update on the status of the open invoices, they will notify all FreeFlexers affected by the bankruptcy.

This means you don’t have to take any action and that the only thing you can really do is to be patient. 

Be aware: If invoices are not or only partially paid out, you won’t have to pay any taxes over the money that you haven’t received. 

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