Opposition and appeal in bankruptcy2021-12-17T16:02:00+00:00

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Opposition and appeal in bankruptcy

When a bankruptcy is declared by the court, the bankrupt has the possibility to challenge that decision. If the bankrupt did not appear in the proceedings before the court he has the option to file an opposition with the same court. The court will then hear the case again. The time limit for lodging an objection is 14 days from the date of the judgment.

If the bankrupt has appeared in court and the bankruptcy is pronounced despite his defense, the bankrupt has the possibility to appeal to the Court of Appeal. The term for filing an appeal is 8 days, counting from the day of the judgment. Even if the bankruptcy is declared after filing an objection, the debtor can file an appeal within 8 days.

It is mandatory to hire a lawyer for both the opposition and the appeal against the bankruptcy judgment.

Of course, if a creditor has filed for bankruptcy, the creditor may also file an appeal if the debtor’s bankruptcy petition has been rejected.

Opposition and appealing a bankruptcy judgment

There are several ways to succeed in the opposition or appeal against a judgment of bankruptcy. It may be argued that the bankruptcy petitioner has no claim with which to file for bankruptcy. It may also be argued that the state of having ceased to pay required for a declaration of bankruptcy does not exist or no longer exists. In this context, it may be necessary to reach an arrangement with creditors. Resisting a bankruptcy order is a good way to still satisfy the claims.

Lawyer after bankruptcy declaration and bankruptcy trustee

The lawyers at our Rotterdam office have extensive experience in filing for bankruptcy and defending against bankruptcy petitions. In addition, they themselves have experience as bankruptcy trustees.

The time limits for filing an appeal and opposition are very short. So consult a lawyer as soon as possible if you want to oppose a bankruptcy declaration.

We will be happy to help you if you want to file for bankruptcy, defend against a bankruptcy petition or file an appeal or opposition.

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SPECIALIZED LAWYERS

These are our lawyers who are specialized in this area.

Rob Steenhoek

+31 (0)10 209 27 52
steenhoek@lvh-advocaten.nl
(more…)

Peter de Graaf

+31(0)10 209 27 52
degraaf@lvh-advocaten.nl
(more…)

Justin de Vries

+31 (0)10 209 27 52
devries@lvh-advocaten.nl
(more…)

Client reviews

We have had very good experiences with LVH Advocaten for several years. The firm is characterised by a down-to-earth Rotterdam work mentality combined with excellent business knowledge. In our last cooperation, Mr. R.C. Steenhoek assisted us as an advisor during the settlement of a bankruptcy. Due to his extensive experience as a trustee, Mr. Steenhoek is very knowledgeable in these matters. He is very approachable, knows how to point out important details, thinks many steps ahead and comes up with a clear plan of action. During the settlement of the bankruptcy case with the receiver, Mr. Steenhoek represented us excellently. We are very satisfied with the result achieved and are convinced that without his expertise we would not have been able to handle the case in this way.

P.E. van Erk

In 2019 and 2020, we approached LVH Lawyers for advice on how to end the case in a careful and competent manner. This was resolved in a completely practical manner and within a very short period of time. He always had his full attention for my story. It was settled very neatly. The cooperation was perfect!

I would like to thank Mr Rob Steenhoek for this.

Ton Hameeteman

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