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Filing for bankruptcy

The composition in bankruptcy

Filing for bankruptcy

Bankruptcy and the trustee

Act Governing Transfer of Undertaking in Bankruptcy to Council of State

The protection of employees in bankruptcy has been a concern in the Netherlands for a long time. The starting point is that a trustee may dismiss employees pursuant to Section 40…

Big Bazar bankruptcy: implications for landlords, employees and suppliers

…who have been in charge of managing and settling the bankruptcy as of 00:00 on 26 September, 2023. Big Bazar’s bankruptcy has implications – many far-reaching – for the parties…

Turboliquidation – or bankruptcy?

…companies winding down business, the tension between bankruptcy and turbo-liquidation is again all the more relevant. How those two possibilities are related is the subject of two…

Director liable after bankruptcy due to manifestly improper management

…large number of themes concerning directors’ liability in bankruptcy were addressed. Corporate lawyer Marleen Jonckers discusses this fascinating case. The facts 40% of the shares…

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

…protection is virtually absent in the event of the employer’s bankruptcy. This can lead to the abuse of bankruptcy law. Dutch insolvency law lawyer Marco […]

right of pledge

…also has a special position when the debtor goes into bankruptcy. Pledge in the Netherlands In the Netherlands, all assets can be encumbered by a pledge, apart from registered…

Restructuring expert

…works council. See Article 371 of the Faillissementswet (Bankruptcy Act).

Requirement to keep records

…the context of directors’ and officers’ liability in bankruptcy. Under Sections 2:138 and 2:248 of the Civil Code, non-compliance with the duty to keep records in a BV or an NV…

pledgee

…also has a special position when the debtor goes into bankruptcy. Pledge contract in the Netherlands In the Netherlands, all assets can be encumbered by a pledge, apart from…

Curator’s claim in criminal bankruptcy-fraud case awarded (In our track record)

As bankruptcy trustee, Marleen filed a claim as injured party in criminal proceedings for bankruptcy fraud (prejudice to creditors) by siphoning off assets (money) from the estate…

Director relieved of liability for bankruptcy deficit (In our track record)

…represented the director of a transport company whom the bankruptcy trustee had held liable for the entire deficit in bankruptcy. The district court had granted the claim at first…

Insolvency administrator achieves restart of Plantenkwekerij Jongerius Houten (In our track record)

…Marco was appointed as insolvency administrator in the bankruptcy of Plantenkwekerij Jongerius Houten B.V. in late December 2025, and in early 2026 also in the bankruptcy of…