Editorial November 2019

Editorial November 2019 – Raphaël GEVERS | DALDEWOLF

Since 2018, the practice of a liberal profession (as a natural person or a moral person) is an undertaking like any other, and thus subject to insolvency law.
 
Concretely, the liberal profession practitioner may therefore be declared bankrupt, summoned to appear before the Chamber of Companies in Difficulty or seek protection under the judicial reorganisation procedure.
 
During this presentation, we will examine the following points, among others:

– After the first financial difficulties have arisen, if the holder of a liberal profession is summoned by the Chamber of Companies in Difficulty, how can this meeting be prepared?
– Is the judicial reorganization procedure an effective legal tool to protect the holder of a liberal profession who is experiencing difficulties?
– When can we consider that the holder of a liberal profession is in a state of bankruptcy?
– What are the effects of bankruptcy for the professional? Can he continue to practice? Will his new income be seized?
– If he was a natural person, under what conditions will he be able to benefit from the cancellation and no longer be sued by his creditors for his past debts?
– How can the professional secrecy that characterizes the liberal professions be protected in the event of bankruptcy?
– What is the co-curator’s mission?