Peter de Graaf
Specialised in :
Companies in financial distress and Enterprise and business
Call Peter at:
+31(0)10 209 27 63 or +31 (0)6 22 96 94 15
Education
2008: Erasmus University Rotterdam. Masters in Business Law and Law, major: private law.
2017: Grotius Academy. Specialization course in Insolvency Law.
2021: Erasmus University Rotterdam. Financial Economics for Insolvency Lawyers.
Lawyer at LVH
Since 2009.
Function and facts
Peter focuses on corporate law, with an emphasis on insolvency law. He is regularly appointed by the Rotterdam District Court as trustee in bankruptcy. Acts for his clients as an encyclopaedia of thorough knowledge, someone who keeps his promises and presents practical solutions.
Expertise
Companies in financial distress and Enterprise and business
Competences
His knowledge and experience as a trustee enables him to quickly and effectively advise in cases where the continuity of a company is at stake and difficult decisions have to be made under time pressure. Peter also has the expertise to make an appropriate assessment of how a trustee will look at a matter, something that is highly appreciated by his clients.
Registration of legal areas
In accordance with Article 35b(1) of the Legal Profession Regulations Peter has registered the following legal areas in the register of legal areas of the Netherlands Bar: business law and insolvency law. According to the standards of the Netherlands Bar the registration obliges him to obtain ten training credits per year in each of the registered legal areas.
Personal characteristics
Empathic, patience and sincere.
Memberships / secondary activities
- Insolvency Lawyers Association (INSOLAD)
- Business Network Rijnmond
Articles
The wage guarantee scheme: continued payment of wages in the event of the employer’s bankruptcy
The Unemployment Insurance Act includes a scheme that entitles employees to payment in the event of payment problems on the part of the employer. The regulation is also called the wage guarantee regulation. It also regulates which benefits an employee can claim in case of bankruptcy of the employer. In this article I will discuss the main provisions of the wage guarantee scheme that apply in the event of bankruptcy and I will go into a recent judgment of the Supreme Court on this subject.
Does the WHOA apply to claims by industry pension funds for pension premium arrears?
The Supreme Court recently issued a ruling on the question of whether the Homologation Underhand Agreement Act (WHOA) applies to claims by industry pension funds for pension premium arrears. The question was answered in the negative. This article discusses the judgment.
The position of the SME entrepreneur as a creditor in a WHOA arrangement
On 1 January 2021, the Homologation Underhand Arrangement Act (WHOA) entered into force. This law introduced a new restructuring instrument. Its purpose is to prevent companies from being declared bankrupt while they are still (partially) viable. The statutory scheme includes a minimum protection for (smaller) SMEs. This is also referred to as the 20% rule. In this article I will explain the position of the SME as a creditor in a WHOA settlement.
