In its judgment dated 31 January 2025 ordering the dissolution and compulsory liquidation of FWU LIFE INSURANCE LUX S.A. (“FWU“), the Luxembourg court set the timeline for FWU’s liquidation, the key phases of which are the following for creditor policyholders:
- Claim declaration: each FWU creditor policyholder must submit his/her/its claim declaration to the liquidator, Maître Yann Baden (the “Liquidator“), within three (3) years following the judgment, meaning by 31 January 2028 at the latest under penalty of foreclosure. This declaration must be submitted to the Liquidator in compliance with Article 252 (4), (5) and (6) of the Law of 7 December 2015 on the insurance sector, as amended.
- Liquidator communications: within the first six (6) months following the judgment, by 31 July 2025 at the latest, the Liquidator shall send to all creditors identified in FWU’s books a note on the effects of the liquidation as well as a pre-filled in claim declaration.
- Claim verification: the claims declared shall be verified by the Liquidator. During the first ten (10) days of each quarter, lists with claims periodically declared admissible shall be filed with the Luxembourg District Court and may be consulted by the creditors. During this time, creditors may lodge an objection to the claims on the lists. At the end of this period, the claims declared admissible and uncontested shall be definitively admitted.
- Contested claims: the Liquidator shall inform the creditors of contested claims or those against which an objection has been lodged thereof by registered mail. The concerned creditors will then have forty (40) days starting from the date of sending the registered letter by post to bring a legal action before the court by writ of summons, failing which the claim declaration shall be deemed definitively rejected.
- Admitted claims: the creditors whose claims have been admitted shall be informed thereof individually by ordinary letter from the Liquidator.
- Distribution of dividends in repayment of claims: even if FWU were to be at a deficit with respect to covering its commitments to the insured (estimated at EUR 85,6 million), one could reasonably think that the technical reserves would allow the Liquidator to make partial payments on the claims. As the court decided, interim payments can be made prior to the end of the 3-year period, all while ensuring compliance with the principle of equality of creditors, meaning by reserving a portion of those reserves for identified but as yet undeclared claims.
We are entirely at your disposal to assist you with all phases of FWU’s compulsory liquidation.
Should you wish to request our assistance in connection with this liquidation, please contact us at one of the following email addresses:
- Marie-Paule GILLEN, Partner – Avocat à la Cour, mpgillen@dsm.legal
- Marie JACQUET, Senior Associate – Avocat, mjacquet@dsm.legal
- Frédéric SEINCE, Associate – Avocat, fseince@dsm.legal
We remain at your disposal for any additional information you may wish to receive on this issue.
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