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Blog for "bankruptcy"
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Blog 56
- Insolvency law in The Netherlands 12 July 2017 3 min
Violation of the administration obligation and director’s liability: AMS explains!
An administrator can hold the director of a bankrupt enterprise liable for the remaining debts of the estate in the event of mismanagement. In principle, it is then up to the…
- Debt collection in The Netherlands 1 May 2017 3 min
Dutch court torpedoes attempt to bypass procedural regulation
…attempt circumvent the maximum time period for retaining a bankruptcy request. Dutch debt collection lawyer Thomas van Vugt discusses how a request for a declaration of bankruptcy…
- Insolvency law in The Netherlands 19 April 2017 4 min
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. The supervisory judge then supervises the liquidator’s actions. For certain activities, including…
- Debt collection in The Netherlands 29 March 2017 3 min
Dutch right of lien on claim lapsed because of collection by first pledge holder?
Multiple pledging of one and the same property is a regular occurrence in the Netherlands, the holder of the first pledge takes precedence above the second pledge holder. If the…
- Insolvency law in The Netherlands 16 March 2017 6 min
Requesting the appointment of trustee of estate in the Netherlands
AMS often blogs about the settlement of estates. The Dutch settlement procedure is a multifaceted procedure which in principle should be followed by acceptance with the benefit of…
- Insolvency law in The Netherlands 23 January 2017 3 min
International insolvency law: does a Dutch court have jurisdiction?
…dispute? And what if the dispute does not involve the bankruptcy itself, but a (derived) Paulian action against fraudulent acts in respect of creditors? Who is competent then?…
- Dutch construction law 5 October 2016 3 min
Judgement: Contractor infringes an architect’s copyright
It is not unusual that a contractor is declared bankrupt during a construction project. Most of the time, the project is continued by another contractor. But what about the…
- Corporate law in The Netherlands 9 September 2016 3 min
Director personally liable for debt to creditor?
Creditor X was ordered by the Dutch court to pay more than € 45,000 to a private limited company. Creditor X complied with this judgement. This judgement was overturned on appeal.…
- Dutch contract law 14 July 2016 3 min
Actio pauliana: prejudice to lessor by defaulting lessee
In some cases a creditor who is prejudiced in his recovery possibilities by a legal act between his debtor and a third party, can annul this legal act. This is called “actio…
- Corporate law in The Netherlands 17 May 2016 3 min
Directors liable for unlawful dividend distribution
The Dutch bank demanded joint and several liability from a third party for financing acquired by a company. The company itself could not repay the bank for the financing at the…