companies in financial distress

Can a cash payment made after the bankruptcy date be reclaimed?

Dominique Dorsman2022-02-22T08:53:45+00:00February 17, 2022|companies in financial distress, employees, news, posts|

Recently, the Supreme Court issued an interesting judgment involving two important principles of bankruptcy law, namely the principle of fixation and the principle of paritas creditorum. The case concerned a situation in which, after the bankruptcy date, a cash payment was made from the bankrupt's bank account to a creditor. The central question was whether the trustee could recover the payment from the creditor. This article discusses the case, the relevant principles and the Supreme Court's opinion.

Rejection of homologation request WHOA agreement

Jeanine Vlot2022-02-01T15:05:46+00:00February 1, 2022|companies in financial distress, posts|

The Homologation Underhand Arrangement Act (WHOA) went into effect on January 1, 2021. In the meantime, a substantial number of rulings have been issued on it. It remains to be seen how practice will develop and whether it can be said whether the introduction of the Act has been a success. To date, the number of (published) granted homologation requests is still relatively small.

Is interest on a rental debt also a debt of the estate?

Patrick Knibbe2022-02-08T13:52:22+00:00January 25, 2022|companies in financial distress, posts, specialist areas|

On 24 December 2021, the Supreme Court ruled on the question of whether statutory or contractual default interest on rent owed as an estate debt is an estate debt.

Disproving the legal presumption concerning director liability in bankruptcy

admin2021-08-16T10:12:42+00:00August 16, 2021|companies in financial distress, news, posts|

A director is liable to make good the deficit in the bankruptcy if the board has manifestly mismanaged the company and it is likely that this was a major cause of the bankruptcy.

Fiscal support measures during Corona crisis

admin2023-02-13T14:40:06+00:00March 18, 2020|companies in financial distress, enterprise and business, enterprise and government, international, news, posts, specialist areas|

On the 17th March 2020, the Cabinet announced a large number of measures. These measures are aimed at supporting companies and freelancers. The measures include measures to maintain employment on the one hand and measures to ensure that companies do not go bankrupt and that self-employed people can maintain an income on the other hand.

Bill on Homologation Private Placement Significant change in insolvency law is imminent

admin2023-02-13T14:35:33+00:00November 14, 2019|companies in financial distress, enterprise and business, news, posts, specialist areas|

A very important change in insolvency law is imminent. This change concerns the possibility of a debtor's offering a composition to creditors. In the current situation, there is only an arrangement for the compulsory imposition by the court of an arrangement with creditors in suspension of payments or bankruptcy. In the Bill on the Homologation of Private Agreements (WHOA), the possibility has been included that a compulsory composition without a moratorium or bankruptcy can be concluded. This will drastically change the possibilities for resolving problematic debts. This change is important for debtors, but also for their providers of capital, such as creditors and shareholders.

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