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Mariëlle de Wild

Temporary Turbo Liquidation Transparency Law enters into force

The Temporary Turbo Liquidation Transparency Act came into effect (for a period ...

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Mariëlle de Wild

Big Bazar bankruptcy: implications for landlords, employees and suppliers

Big Bazar was declared bankrupt by the Amsterdam District Court on Tuesday, 26 ...

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Nienke Bobbert

Turboliquidation – or bankruptcy?

With an expected increase in companies winding down business, the tension between ...

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Mariëlle de Wild

The first WHOA decisions are a fact

On 1 January 2021, the Court Confirmation of Extrajudicial Restructuring Plans ...

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Marco Guit

First rulings based on the Court Confirmation of Extrajudicial Restructuring Plans Act (Wet Homologatie Onderhands Akkoord or WHOA)

The Wet Homologatie Onderhands Akkoord (WHOA) came into effect on 1 January 2021. ...

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Mariëlle de Wild

1st January 2021 is the day; the WHOA is coming

On 6 October 2020, the Court Confirmation of Extrajudicial Restructuring Plans ...

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Mariëlle de Wild

Completion of the liquidation due to lack of revenue: the creditor’s position

A creditor can apply for the liquidation of his debtor. Thereupon this liquidation ...

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Hidde Reitsma

Directors’ and officers’ liability for a creditor’s claim in case of unjust expedited liquidation

If there are no more assets (revenue) present in the event of the dissolution ...

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Hidde Reitsma

The “WHOA” – a forced scheme of arrangements under Dutch law – is coming soon!

Last summer the Court Approval of Private Composition Bill (“Wetsvoorstel Homologatie ...

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Mariëlle de Wild

What are the statutory periods for lodging an objection in the Netherlands, and when is an extended objection period applied?

In the Netherlands, persons or companies that are declared bankrupt can lodge ...

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Marco Guit

Filing for bankruptcy to dismiss an employee free of charge: abuse of Dutch bankruptcy law?

Employees enjoy dismissal protection under normal circumstances. They cannot simply ...

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Sander Schouten

Is it possible to be declared insolvent if payment obligations in bitcoins are not fulfilled?

A company had been ordered in default to pay out ‘mining revenues’ totalling 0.591 ...

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Hidde Reitsma

Was the liquidation order of a dissolved British limited company justified?

A British limited company, active in the Netherlands but incorporated under British ...

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Hidde Reitsma

Proper recording of intercompany transactions

Section 247 of Book 2 of the Dutch Civil Code stipulates that there must be a ...

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Hidde Reitsma

Violation of the administration obligation and director’s liability: AMS explains!

An administrator can hold the director of a bankrupt enterprise liable for the ...

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Hidde Reitsma

Undeclared right of lien on a Bentley. Good-faith buyer?

This case concerns a finance company with an undeclared right of lien on a Bentley. ...

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Sander Schouten

Supervisory judge forbids liquidator to settle. Can this prohibition stand up?

In the Netherlands, in the event of a bankruptcy, the court appoints a liquidator. ...

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Hidde Reitsma

Requesting the appointment of trustee of estate in the Netherlands

AMS often blogs about the settlement of estates. The Dutch settlement procedure ...

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Hidde Reitsma

International insolvency law: does a Dutch court have jurisdiction?

A trustee wants to initiate a claim in insolvency proceedings against an Indian ...

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Marco Guit

Misuse of authority in company’s own bankruptcy application?

In a recent case before the Court of Appeal of Amsterdam, a dismissal of a company’s ...

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