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The Supreme Court rules on the ranking of general liquidation costs in the event of a wrongful collection by the receiver (curator) of secured claims
  • Stibbe
  • Netherlands
  • April 14 2016

In a recent judgment, the Dutch Supreme Court ruled that in the event of a bankruptcy whereby the bankruptcy receiver has wrongfully collected


Good news for lenders in the Netherlands
  • NautaDutilh
  • Netherlands
  • September 23 2014

On 1 October 2012, the financial assistance prohibition for BVs (private companies with limited liability) was repealed. Under the new


Vermogensrecht - ontbinding
  • Taylor Wessing
  • Netherlands
  • April 7 2016

Twee broers zijn tot 1995 gezamenlijk eigenaar van een huis in Zeeland. Nadat broer A de volledige eigendom heeft verkregen, bedingt broer B het


First distribution expected in Dutch bankruptcy of Lehman Brothers Treasury Co. B.V. (“LBT”)
  • Schulte Roth & Zabel LLP
  • Netherlands
  • April 3 2013

Following a consent solicitation process (unprecedented in the Netherlands) which ended on 25 January 2013, the LBT Composition Plan, as proposed by


Update on Dutch partnerships
  • Baker & McKenzie
  • Netherlands
  • June 5 2015

The Dutch Supreme Court recently delivered two important and interesting judgments in the matter of partnerships. The first judgment relates to the


Court of Appeal Arnhem-Leeuwarden: Termination of a credit agreement by the bank was allowed, following reduction of the value of pledged shares caused by actions of the borrower
  • Stibbe
  • Netherlands
  • December 1 2015

In a judgment dated 13 October 2015 in proceedings between a bank and its client the Arnhem-Leeuwarden Court of Appeal ruled that the bank was


Foreign judgments unlikely to influence Dutch OW Bunker rulings
  • AKD
  • Netherlands
  • November 25 2015

To date, the well-publicised bankruptcy fof marine fuel supplier OW Bunker has spawned an estimated $1.5 billion worth of claims worldwide. These


Composition and Pre-insolvency Procedures in Europe: All Change?
  • Clifford Chance LLP
  • European Union, France, Germany, Italy, Netherlands, Russia, Spain, United Kingdom
  • March 18 2016

Legislative frameworks have been pushed to their limits whilst the economic environment has been in a prolonged state of distress. In this regard


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


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