Crisis recovery treatment procedure

Verified 22 November 2025 - Entreprendre Public Service / Legal and Administrative Information Directorate (Prime Minister)

The post-crisis treatment is a temporary simplified judicial reorganization procedure. The opening of this procedure should enable small companies to cessation of paymentsdraw up a draft debt clearance and restructuring plan within three months. It can no longer be requested since November 22, 2025.

Warning  

As of 22 November 2025, it is no longer possible to request the opening of a post-crisis treatment procedure. Proceedings which are opened before that date shall continue and shall remain subject to the rules set out in the fiche.

This system is intended for a company with very up-to-date accounting. To benefit from this procedure, it must complete all conditions following:

  • Have less than €3 million of passive declared out equity. This criterion is assessed at the end of the last accounting year.
  • Have fewer than 20 employees at the date of the request to open the procedure
  • Be in a situation of cessation of payments
  • Have the necessary funds to pay for its payroll claims
  • Have accounts that appear regular, " sincere and able to give a true picture of the financial situation of the business ». In other words, the accounts must reflect the company's real economic situation.
  • Be able to develop a draft continuation plan in a 3 months delay

The micro-entrepreneur can benefit from the post-crisis treatment procedure.

Opening of the observation period and appointment of a judicial representative

The court that initiated the proceedings (in an opening judgment) appointed a judicial officer to oversee the management of the head of company and to represent the creditors.

FYI  

The judicial officer is a insolvency administrator or a judicial representative.

The opening judgment commences a period of observation that lasts 3 months maximum.

After 2 months, the court shall decide whether or not to continue the crisis recovery procedure for the remaining month where the company has sufficient financial capacity.

Verification of liabilities

In the post-crisis treatment procedure, the verification of liabilities is very light. The creditors of the company do not have to carry out declaration of claims.

In the 10 days after the opening judgment during the proceedings, the list of claims is filed by the company at the court registry. The Registrar shall deliver a copy of that list to the judicial officer. The auditor verifies that the list complies with the company's accounting documents.

The trustee shall inform each creditor on the list. Creditors then have one month from the date of transmission to contest the existence or amount of their claim.

If the claims are not contested, the continuation plan can be drawn up.

At the end of the observation period (up to 3 months), the court has several options: it can adopt a continuation plan, open a reorganization or bankruptcy procedure or close the procedure.

Adoption of a continuation plan

The continuation plan is prepared by the head of company with the help of the court-appointed attorney. It must be adopted in a 3 months delay (maximum duration of the observation period).

This plan concerns only claims on the list drawn up by the Head of company which arose before the opening of the procedure. It may provide for payment deadlines and debt forgiveness.

It is then presented to the court which sets the duration of the continuation plan. This period may not exceed 10 years.

The court shall adopt the continuation plan under the same conditions as those laid down for the safeguard procedure.

The plan concerns only the previous claims at the opening of the procedure and mentioned in the list of creditors drawn up by the director. It does not concern the following claims:

  • Salary claims, i.e. amounts paid to a related employee under his/her employment contract (salary, salary arrears, holiday pay, notice pay, termination pay)
  • Claims arising from tort (amounts due in connection with a criminal conviction for a crime)
  • Receivables less than €500
  • Maintenance claims

The plan provides for the payment of liabilities to be phased over a maximum of 10 years. On the other hand, it cannot provide for the transfer of the company or for redundancies.

Initiation of a reorganization or liquidation

If the company is unable to present a viable continuation plan within 3 months of the opening judgment, a reorganization or liquidation procedure may be initiated by the court if the conditions are met.

It may be requested by one of the following persons:

  • Head of company or legal representative of the business
  • Legal representative
  • Public Prosecutor's Office

Closure of the procedure

The closure of the proceedings is ordered by the court if a continuation plan has not been submitted within the 3-month period.

Who can help me?

The public service accompanying companies

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