Positieve boedel

In Dutch bankruptcy law and the law of succession, a positive estate denotes a situation in which the assets generate sufficient proceeds to discharge all creditors and leave a surplus thereafter. This is to be distinguished from a negative estate, in which the assets are insufficient to cover the costs of the proceedings.

The term is relevant in that it determines whether, following administration, any distribution may be made to the bankrupt, his or her heirs or other interested parties. Where the estate is positive, the bankruptcy may be concluded with a surplus, thereby improving the position of the parties concerned.

In practice, the trustee or notary ascertains at an early stage whether the estate is positive, so as to ensure that the administration proceeds efficiently and unnecessary costs are avoided.