Companies in financial distress

June 26, 2022

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Request for debt restructuring and Corona: the tax collector thinks along

2022-05-16T07:47:10+00:00May 12, 2022|Companies in financial distress, Enterprise and business, Enterprise and Government, Posts|

Until further notice, the Tax Authorities will approach requests for restructuring of tax debts with a flexible attitude. This applies in particular to requests from entrepreneurs whose businesses are fundamentally sound and who have been affected by the Corona crisis. For these entrepreneurs, the generous corona deferral policy may prove to be of no avail.

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

2022-02-22T08:53:45+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

2022-02-01T15:05:46+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. 

Fiscal support measures during Corona crisis

2020-03-18T12:16:51+00:00March 18, 2020|Business service, Companies in financial distress, Enteprise and government, Enterprise and business, Enterprise and business, International, International, News, Posts|

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.

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