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Executory contracts in Dutch bankruptcy law: a bankruptcy trustee is not allowed to "actively" default

  • NautaDutilh
  • -
  • Netherlands
  • -
  • September 5 2014

If a creditor wishes to have a debtor declared bankrupt in the Netherlands, Dutch law requires proof that the debtor has ceased paying his debts when

English scheme of arrangement compromises New York law bonds issued by a Dutch registered company and gains recognition in the US

  • Clifford Chance LLP
  • -
  • Netherlands, United Kingdom, USA
  • -
  • December 23 2013

On 3 December, the English Court sanctioned a scheme of arrangement in respect of a non-UK company in the case of Re Magyar Telecom B.V. 2013 EWHC

Eversheds' Spotlight - the global financial services disputes and investigations (FSDI) briefing - April 2014

  • Eversheds LLP
  • -
  • European Union, France, Germany, Hong Kong, Ireland, Italy, Netherlands, Poland, Spain, United Arab Emirates, United Kingdom
  • -
  • April 17 2014

France has recently created a new role in the prosecution office, a Public Prosecutor specifically for financial offences with national jurisdiction

Dutch Supreme Court accepts floating charge

  • De Brauw Blackstone Westbroek
  • -
  • Netherlands
  • -
  • February 6 2012

In recent years Dutch banks have established a practice of creating undisclosed rights of pledge (stil pandrecht) on all current and future receivables of their borrowers in an easy way and without the borrower's involvement

Dutch Supreme Court introduces features of universality principle in Dutch international insolvency law

  • NautaDutilh
  • -
  • Netherlands
  • -
  • September 24 2013

In a ground-breaking decision, the Dutch Supreme Court recently found that a foreign bankruptcy trustee may in principle exercise the powers

Features of universality principle introduced to Dutch international insolvency law

  • NautaDutilh
  • -
  • Netherlands
  • -
  • February 28 2014

In a ground-breaking decision the Supreme Court recently found that a foreign bankruptcy trustee may, in principle, exercise the powers conferred on him or her under the lex concursus (ie, the law governing the bankruptcy) in the Netherlands

Euroresource--deals and debt

  • Jones Day
  • -
  • Netherlands, Spain, United Kingdom, USA
  • -
  • July 30 2013

On 26 July 2013, the French government filed an amicus curiae ("friend of the court") brief supporting Argentina's petition requesting the U.S

Bankruptcy declared contrary to Dutch public order

  • NautaDutilh
  • -
  • Netherlands
  • -
  • July 11 2008

A recent decision of the Amsterdam District Court considered an issue that may arise in relation to the recognition of foreign bankruptcies where the law of the receiving state does not provide for admittance proceedings

De pandhouder heeft in het executietraject niet te vrezen

  • CMS Derks Star Busmann
  • -
  • Netherlands
  • -
  • May 9 2014

De Hoge Raad heeft recent meer duidelijkheid gegeven over de positie van een pandhouder in het kader van een met de pandgever afgesproken

A scheme too far? Scheme of arrangement sanctioned for Dutch company with New York law governed obligations

  • Burges Salmon LLP
  • -
  • Netherlands, United Kingdom, USA
  • -
  • April 30 2014

Most if not all of our readers will be aware of a recent spate of decisions in which the English courts have been prepared to sanction schemes of