Small ApS heading toward bankruptcy – co-owner supplier demanding preferential payment

Hi!
We have a small ApS with 50/50 ownership. I’m the director and own 50%. The other 50% owner also owns a company that supplies us with our main ingredient.

We're likely to go bankrupt within the next month. Cash flow is critical, and I understand that once insolvency is imminent, payments must be made carefully and equitably to avoid personal liability.

Our business partner (the co-owner/supplier) is now demanding payment of overdue invoices before other neutral suppliers are paid. He’s also threatening to stop supplying unless we pay future deliveries in advance. At the same time, he refuses to let us buy from any other supplier while he remains a co-owner.

This feels like preferential insider treatment, which from what I’ve read could be illegal and might expose me personally as director to liability during insolvency.

I'm going to speak to a lawyer, but I’d appreciate any insights on how this works in Denmark, especially around director obligations, preferential payments, and handling conflicts with co-owners during insolvency.

Thanks in advance.

Posted Aug 1, 2025, 12:00 PM UTC

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