How to Complete a Proof of Claim Form in Belgium 2026, Regsol Filing, Privileged vs Ordinary Claims, Deadlines and Documents

Understanding how to complete a proof of claim form is the single most consequential step any creditor faces after a Belgian debtor is declared bankrupt. Since 2017, Belgium has required creditors to file their declarations electronically through RegSol, the country’s centralised digital insolvency register, and the 2026 procedural landscape demands precise compliance with documentation standards, privilege classifications and court‑imposed deadlines. This guide walks B2B creditors, in‑house recovery teams and legal counsel through every stage of the RegSol filing process, from locating the bankruptcy judgment in the Belgian Official Gazette to attaching the correct evidence pack and monitoring the curator’s admission decision.

Whether you hold an ordinary trade receivable or a statutory privileged claim for unpaid wages or taxes, the step‑by‑step workflow below will help you file a claim as a creditor correctly and protect your position in the dividend distribution.

What Is a Proof of Claim in Belgian Insolvency?

A proof of claim, known in Belgian legal practice as a déclaration de créance (French) or aangifte van schuldvordering (Dutch), is the formal document through which a creditor notifies the bankruptcy estate that it holds a debt that existed on or before the date of the bankruptcy judgment. Once registered in RegSol, the declaration of claim becomes part of the official insolvency file and triggers the curator’s obligation to verify its validity and ranking.

Filing a proof of claim is not merely administrative. It is a condition precedent to participation in any dividend distribution and, in most proceedings, to voting rights at the creditors’ meeting. A claim that is never filed is, for practical purposes, extinguished against the estate, the creditor will not receive any share of the liquidation proceeds, regardless of the underlying debt’s merit.

It is important to distinguish between the creditor’s declaration and the curator’s subsequent admission. The declaration is the creditor’s unilateral act of filing; admission is the curator’s decision, subject to court oversight, to accept or dispute the claim’s amount, ranking or validity. Both steps take place within RegSol, giving all parties a single, auditable record.

RegSol Explained, Belgium’s Digital Insolvency Register

RegSol is the digital insolvency register that Belgium mandates for virtually all insolvency proceedings. Developed under the authority of the Federal Public Service (FPS) Justice, RegSol replaced paper‑based filings and now serves as the single platform through which bankruptcy judgments are published, creditor claims are submitted, and curators manage the estate file.

Every bankruptcy file in RegSol has two distinct areas. The public file contains information accessible to anyone, the bankruptcy judgment, the identity of the appointed curator, key procedural dates and general estate notices. The private file is restricted to the curator, the debtor, the court and creditors who have filed a declaration; it holds individual claim data, supporting documents and correspondence. Understanding this distinction matters because creditors can only access the private file, and therefore monitor their own claim’s status, after they have submitted a valid declaration of claim through RegSol.

The typical workflow inside RegSol follows a clear sequence: the enterprise court pronounces the bankruptcy judgment; the judgment is published in RegSol and the Moniteur belge (Belgian Official Gazette); creditors log in to RegSol and file a claim within the deadline set by the judgment; the curator reviews and admits or disputes each claim; and the court ultimately approves the distribution plan. This entire lifecycle is paperless, timestamped and legally binding.

RegSol is accessible at regsol.be. Attorneys authenticate with their Belgian bar card (e‑ID for lawyers), while individual creditors and foreign parties use alternative authentication paths described below.

Step‑by‑Step: How to Complete a Proof of Claim Form on RegSol

The following numbered steps explain exactly how to file a claim on RegSol in 2026. Each step includes practical tips drawn from enterprise‑court practice to help you avoid common filing errors.

Step 1, Prepare Your RegSol Login and Attorney Access

Before you can file a claim in RegSol, you need authenticated access. Belgian attorneys log in using their electronic bar card, which provides automatic identity verification. Non‑attorney creditors based in Belgium can authenticate via their Belgian eID card or via the itsme® digital identity app. Foreign creditors without Belgian identification may need to appoint a Belgian attorney to file on their behalf, a practical requirement discussed further below.

Ensure your login credentials work before the filing deadline. RegSol login issues are among the most common reasons claims are filed late, and the platform does not extend deadlines for technical difficulties on the creditor’s side.

Step 2, Locate and Open the Correct Bankruptcy File

Once logged in, search for the debtor’s bankruptcy file using the debtor’s name, enterprise number (KBO/BCE number) or the court‑case reference number. RegSol’s search function returns all open insolvency files matching your criteria. Confirm you are opening the correct file by cross‑referencing the bankruptcy judgment date and the enterprise court that pronounced it.

Step 3, Select “Declare a Claim” and Enter Creditor Details

Within the bankruptcy file, select the option to declare a claim (the button is typically labelled Aangifte van schuldvordering or Déclaration de créance depending on your language setting). You will be prompted to enter your identification as creditor: company name, registered address, enterprise number (for Belgian entities) or equivalent foreign registration, and contact details. If filing through an attorney, the attorney’s details are also recorded automatically from the bar‑card authentication.

Step 4, Classify the Claim: Privileged or Ordinary

RegSol requires you to designate whether your claim is privileged (voorrecht / privilège) or ordinary (chirografair / chirographaire). This classification determines your ranking in the eventual distribution of proceeds. Choose the appropriate category from the drop‑down menu, and be prepared to substantiate any privileged status with supporting evidence in the next steps. The comparison table later in this article explains the main categories and required proof for each privileged claim in Belgium.

Step 5, Enter Amounts, Currency and Calculation Date

State the principal amount owed, any accrued interest and ancillary costs (collection costs, contractual penalties). All amounts should be calculated as at the date of the bankruptcy judgment, this is the statutory reference date. If the debt is denominated in a currency other than the euro, convert it at the European Central Bank reference rate on the judgment date and note the conversion in the description field. Separate principal from interest and costs so the curator can evaluate each component independently.

Step 6, Draft the Description of Claim

The free‑text description field is where you explain the legal basis and factual background of the claim. A well‑drafted description of claim in RegSol should include:

• Nature of the debt. State whether it arises from a supply of goods, provision of services, loan agreement, employment relationship, tax assessment or other basis.
• Contractual reference. Cite the relevant contract number, purchase order or agreement date.
• Invoice details. List each unpaid invoice by number, date and amount.
• Interest calculation. Specify the contractual or statutory interest rate applied, the start date for interest accrual and the total interest claimed as at the bankruptcy‑judgment date.
• Privilege basis. If claiming privileged status, cite the statutory provision granting the privilege and the factual circumstances supporting it.

Sample claim text: “The undersigned, [Creditor Company NV], enterprise number [0xxx.xxx.xxx], hereby declares a claim against the bankrupt estate of [Debtor BVBA], enterprise number [0xxx.xxx.xxx], for the total amount of EUR [XX,XXX.XX], comprising EUR [XX,XXX.XX] in principal (unpaid invoices no. [2025‑001] dated [date] through [2025‑012] dated [date] for goods delivered under framework agreement dated [date]), EUR [X,XXX.XX] in contractual interest at [X]% per annum calculated from invoice due dates to the date of the bankruptcy judgment ([date]), and EUR [XXX.XX] in pre‑agreed collection costs. This claim is filed as an ordinary (chirographic) claim. Supporting documentation is attached.”

Step 7, Attach Supporting Evidence

Upload all supporting documents as PDF attachments. RegSol accepts PDF format, and industry observers recommend using searchable (OCR) PDFs so the curator can review them efficiently. Name each file clearly, for example, Invoice_2025‑001.pdf, Contract_FrameworkAgreement_2024.pdf, InterestCalculation.pdf. An indexed manifest of attachments (a one‑page cover sheet listing every file) is strongly recommended. Translation requirements depend on the language of the enterprise court: if the court operates in Dutch and your documents are in a third language, attaching a certified translation is prudent practice.

Step 8, Sign, Submit and Confirm

Review the completed declaration for accuracy, then digitally sign and submit. RegSol generates a timestamped confirmation receipt. Save or print this receipt immediately, it is your proof that the claim was filed within the deadline. After submission, follow up with the curator by email (contact details are in the public file) to confirm receipt and to offer availability for any queries about the claim.

Filing as an Attorney vs Filing as a Foreign Creditor

Belgian attorneys access RegSol through their bar‑card authentication and can file on behalf of any creditor, domestic or foreign. For Belgian entities filing without legal representation, the eID or itsme® login path is available. Foreign creditors who lack Belgian electronic identification face a practical barrier: RegSol’s authentication infrastructure is designed around Belgian digital identity tools. The standard approach for foreign creditors is to engage Belgian counsel who can file a claim on RegSol using their own authenticated access. In cross‑border insolvency matters involving EU member states, foreign creditors should also check whether any direct‑notification obligations apply under the EU Insolvency Regulation.

Privileged vs Ordinary Claims, Ranking, Categories and Evidence Standards

Not all creditor claims rank equally in a Belgian bankruptcy. Belgian law recognises certain categories of claim as privileged, meaning they are paid ahead of ordinary (chirographic) creditors from the proceeds of the estate. Correctly identifying and proving a privileged claim in Belgium directly affects whether, and how much, a creditor recovers.

The main statutory privileges relevant to most bankruptcy proceedings fall into four categories: employee claims for unpaid wages and benefits; social security contributions owed by the employer; certain tax debts owed to the Belgian state or local authorities; and costs incurred in the administration of the estate itself (so‑called boedelschulden or dettes de la masse). Each category requires specific supporting evidence, and the burden of proving privileged status rests with the creditor.

Failing to file a proof of claim at all, whether privileged or ordinary, eliminates the creditor from the distribution entirely. Industry observers note that some creditors choose not to file when the estate is manifestly insolvent with negligible assets, as the administrative effort may outweigh any realistic recovery. However, this is a strategic gamble: unexpected asset recoveries or third‑party liability claims can increase estate value after the initial assessment.

Deadlines, Reading the Bankruptcy Judgment and the Moniteur Publication

Every bankruptcy judgment pronounced by a Belgian enterprise court sets a specific deadline by which creditors must file their proof of claim. This deadline, sometimes called the termijn voor aangifte van schuldvorderingen, is stated in the operative part of the judgment itself and is a hard cut‑off. Missing it has serious consequences for your recovery.

The bankruptcy judgment is published in two places that creditors should monitor. First, it appears in RegSol’s public file, accessible immediately after pronouncement. Second, it is published in the Moniteur belge (Belgian Official Gazette), accessible through the FPS Justice’s online portal at ejustice.just.fgov.be. The Moniteur publication has legal significance because it constitutes official notice to the public, including creditors who may not have been individually notified, that the bankruptcy has been opened and that a filing deadline has been set.

When computing the deadline, count in calendar days from the date specified in the judgment. Belgian procedural law does not generally convert calendar days to business days for this purpose, though the standard rule applies that if the final day falls on a Saturday, Sunday or Belgian public holiday, the deadline extends to the next business day. Always verify the exact computation against the judgment text, because individual enterprise courts may phrase deadlines differently, some specify a fixed calendar date, while others state a number of days from publication in the Moniteur belge.

If a bankruptcy judgment omits a clear claim‑filing deadline, a rare but possible scenario, early indications from enterprise‑court practice suggest that the court will typically issue a corrective order or that the curator will notify creditors of the applicable period. In such situations, creditors should file as early as possible and contact the curator for clarification.

What If You Miss the Deadline, Late Claims, Corrections and Judicial Discretion

A claim filed after the deadline set in the bankruptcy judgment is classified as a late claim (laattijdige aangifte). The practical consequence is significant: a late claim will generally not participate in distributions that have already been approved. However, Belgian insolvency law does not automatically render late claims void. The creditor may petition the enterprise court for admission of the late‑filed claim, though success depends on the court’s exercise of judicial discretion and the stage of the proceedings.

Best practices for creditors who have missed the deadline include filing the claim in RegSol immediately, even after the deadline has passed, to create a timestamped record, and simultaneously petitioning the court with a reasoned request explaining the delay. Acceptable reasons may include force majeure, demonstrable lack of notice of the bankruptcy, or administrative error. The curator’s position on the late claim will weigh heavily in the court’s decision.

Where a claim was timely filed but contains errors, an incorrect amount, a missing privilege designation or incomplete attachments, the creditor should contact the curator promptly to discuss whether an amendment or supplementary filing is possible within RegSol. The platform permits certain corrections, but substantial changes may require court approval.

Required Documents Checklist, Evidence Pack to Attach in RegSol

Assembling a complete evidence pack before you begin the RegSol filing process saves time and reduces the risk of curator queries or claim disputes. The following checklist covers both mandatory and recommended attachments for most commercial claims.

• Invoices. All unpaid invoices, in chronological order, with amounts, due dates and debtor references.
• Underlying contract. The framework agreement, purchase order or service contract establishing the commercial relationship.
• Delivery notes or proof of performance. Signed delivery receipts, time sheets or completion certificates.
• Account reconciliation. A statement showing the running balance, payments received and outstanding amount as at the bankruptcy‑judgment date.
• Interest calculation. A spreadsheet or document showing the interest rate, accrual period and total interest claimed.
• Correspondence. Relevant demand letters, reminders and any debtor acknowledgments of the debt.
• Court judgments (if applicable). Certified copies of any judgments already obtained against the debtor.
• Assignment documents (if applicable). Notarised deed of assignment if the claim was acquired from the original creditor.
• Privilege evidence (if applicable). Statutory references, employment contracts, tax assessments or social security notices supporting privileged status.
• Manifest of attachments. A one‑page cover sheet listing every document uploaded, with file names matching the uploads.

Name each PDF file descriptively, for example, 01_Invoice_2025‑001.pdf, 02_Contract_Framework_2024.pdf, so the curator can navigate the evidence pack efficiently. Where documents are in a language other than the language of the enterprise court, include a certified translation alongside the original.

Practical Tips, Traps and Templates

Beyond the procedural steps, several practical points can make the difference between a smoothly admitted claim and one that is queried or disputed.

• Sample subject line for curator email: “Declaration of claim, [Creditor Name] v. [Debtor Name], Bankruptcy file [reference number], Filed [date]”
• Sample cover email to curator: “Dear Curator, please find confirmation that [Creditor Name] has today filed a declaration of claim in the amount of EUR [XX,XXX.XX] via RegSol in the above‑referenced bankruptcy file. Supporting documents have been uploaded. We remain available for any queries or clarification. Kind regards, [Name / Contact].”
• Disputed claims. If you anticipate the curator may contest the claim (for example, because the debtor disputed the invoice before bankruptcy), include a separate position statement explaining the factual and legal basis for your claim and attaching any relevant correspondence or pre‑bankruptcy dispute documentation.
• Multiple currencies. Convert all amounts to euros at the ECB reference rate on the bankruptcy‑judgment date. State the original currency and the conversion rate used in the description field.
• Partial payments. If the debtor made partial payments before bankruptcy, credit those payments in your reconciliation and claim only the outstanding balance.

What Happens After You Submit, Confirmation, Curator Review and Voting

After you submit your declaration of claim through RegSol, the platform generates an automatic confirmation with a timestamp. This confirmation is your legal proof of timely filing and should be archived securely.

The appointed curator will then review each filed claim during the verification period. The curator may admit the claim in full, admit it partially, or dispute it. Creditors can monitor the status of their claim by logging back into RegSol and checking the private file of the relevant bankruptcy. If the curator disputes your claim, you will receive notification through RegSol and will have the opportunity to respond, ultimately, disputed claims are resolved by the enterprise court.

Admitted creditors gain the right to participate in creditors’ meetings and to vote on matters such as the continuation or closure of the estate, the curator’s proposed distribution plan and any potential settlement offers. The weight of a creditor’s vote generally corresponds to the admitted amount of its claim. Dividend payments are distributed according to the statutory ranking, privileged claims first, ordinary claims from any remaining proceeds.

Conclusion

Filing a proof of claim correctly is the gateway to recovering from a Belgian bankruptcy. Knowing how to complete a proof of claim form, classifying it accurately as privileged or ordinary, assembling a thorough evidence pack, meeting the deadline set in the bankruptcy judgment and navigating RegSol’s digital filing workflow, gives creditors the strongest possible position when the estate is distributed. Every step matters, from the initial RegSol login through to the curator’s admission decision. Creditors who need guidance on filing strategy, privilege classification or late‑claim remedies should connect with experienced Belgian insolvency counsel through the Global Law Experts lawyer directory for case‑specific advice.

Last reviewed: July 6, 2026

Sources

1. RegSol, Central Register of Solvency (official site)
2. RegSol, Privacy Statement and Downloads
3. Federal Public Service Justice, Insolvency Information
4. Moniteur belge / Belgian Official Gazette (ejustice portal)
5. ETAAMB, Law of 31 January 2009 on Continuity of Enterprises (WCO)
6. EU e‑Justice Portal, Insolvency Registers Overview