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Turboliquidation – or bankruptcy?
With an expected increase in companies winding down business, the tension between ...
The first WHOA decisions are a fact
On 1 January 2021, the Court Confirmation of Extrajudicial Restructuring Plans ...
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. ...
1st January 2021 is the day; the WHOA is coming
On 6 October 2020, the Court Confirmation of Extrajudicial Restructuring Plans ...
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 ...
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 ...
The “WHOA” – a forced scheme of arrangements under Dutch law – is coming soon!
Last summer the Court Approval of Private Composition Bill (“Wetsvoorstel Homologatie ...
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 ...
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 ...
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 ...
Was the liquidation order of a dissolved British limited company justified?
A British limited company, active in the Netherlands but incorporated under British ...
Proper recording of intercompany transactions
Section 247 of Book 2 of the Dutch Civil Code stipulates that there must be a ...
Violation of the administration obligation and director’s liability: AMS explains!
An administrator can hold the director of a bankrupt enterprise liable for the ...
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. ...
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. ...
Requesting the appointment of trustee of estate in the Netherlands
AMS often blogs about the settlement of estates. The Dutch settlement procedure ...
International insolvency law: does a Dutch court have jurisdiction?
A trustee wants to initiate a claim in insolvency proceedings against an Indian ...
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 ...
Bankruptcy possible after expedited dissolution of Ltd
In a recent ruling the Court of Appeal of The Hague upheld the bankruptcy of a ...
Creditor of bankrupt Imtech in The Netherlands? This is what you can do
After the banks announced they would not be providing any new finance, Imtech ...
