posts

Part-time layoffs and secondment as solution to energy crisis

Jeanine Vlot2023-01-10T10:22:32+00:00January 10, 2023|employees, posts|

Bankruptcies are slowly increasing again as a result of the energy crisis, high inflation and the cessation (and repayment) of government support measures. Retail, agrifood and business services are particularly hard hit. Entrepreneurs in these sectors should anticipate even worse business times. In that context, when part of the turnover is lost, two alternatives to a (final) reorganization can be considered, namely part-time dismissal and secondment.

Is a right of usufruct on claims a meaningful alternative?

Claudia Rondberg2023-01-09T16:15:40+00:00January 9, 2023|companies in financial distress, employees, posts|

Is a right of usufruct on claims a meaningful alternative? A right of usufruct gives the right to use goods ...

How do I substantiate the need for reorganisation?

Claudia Rondberg2025-02-04T16:19:51+00:00December 22, 2022|employees, posts|

Support measures have stopped and energy crisis and high inflation are putting many entrepreneurs in financial trouble (again). Starting to reorganise on time can then be a 'must'. But how do you substantiate the need for reorganisation?

Hidden defects: what to look out for?

Jeanine Vlot2023-02-13T14:37:02+00:00December 19, 2022|conflicts, enterprise and business, posts|

It happens to almost everyone; you buy a product, car, house, machine, boat or appliance where at first glance nothing seems wrong, but later it turns out that there is a 'hidden defect' to the purchased product. The question is then who is liable. In this article I give examples of hidden defects, explain what the obligations of the buyer and seller are and what one should pay attention to.

How final is the final discharge in termination agreements?

Jeanine Vlot2025-02-04T16:02:24+00:00December 6, 2022|employees, posts|

If employer and employee wish to terminate an employment contract by mutual agreement, they sign a termination agreement. A termination agreement often includes a final discharge clause. A final discharge clause ensures that parties do not have to renegotiate rights and compensation after the execution of the termination agreement. But how final is the final discharge clause in a termination agreement?

The summary proceedings in brief

Jeanine Vlot2023-02-13T14:37:10+00:00October 3, 2022|conflicts, enterprise and business, posts|

In my previous article, "Receiving a Subpoena? Five points of interest' I discussed five points of interest for studying a subpoena. Among other things, I mentioned that one can be summoned in summary proceedings. In this article, I will take a closer look at "summary proceedings," also known as "emergency proceedings.

Termination of banking relationship by bank

Jeanine Vlot2023-11-20T10:03:24+00:00September 6, 2022|companies in financial distress, posts|

It is increasingly common for banks to terminate a relationship with a customer - sometimes dating back many years. Such termination of a banking relationship can have serious consequences for a business owner. Can a bank terminate a credit relationship? When is it allowed and when is it not? Below is a brief explanation of the background to such termination and the rights and obligations of banks and account holders.

Received a subpoena? Five points of attention

Claudia Rondberg2023-02-13T14:37:19+00:00August 23, 2022|conflicts, enterprise and business, posts|

Have you received a subpoena from the bailiff and are you wondering what to pay attention to when studying the subpoena? In this article, we will give you five tips for studying a summons. You can infer a lot from a summons, such as by what date you must respond to the summons, what happens if you don't respond, and whether or not you are required to be assisted by a lawyer.

When are the costs of additional work to be borne by the client in the case of contract work?

Jeanine Vlot2022-07-19T08:20:56+00:00July 19, 2022|enterprise and real estate, posts|

In a building contract between a contractor and a principal a contract price is usually agreed upon. It often happens that the principal wishes all kinds of changes or additions to the work during the execution. This is then extra work. But are the costs of this extra work for the account of the contractor or the principal?

Reduction of amount for which the director is liable

Jeanine Vlot2022-07-04T09:57:58+00:00July 4, 2022|companies in financial distress, employees, posts|

A director is liable under article 2:248 paragraph 1 of the Dutch Civil Code (BW) to make good the deficit in the bankruptcy if the board has manifestly mismanaged its duties and it is plausible that this was a major cause of the bankruptcy. Based on paragraph 4 of this article of law, the court can mitigate the amount for which the director is liable under certain circumstances.

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