Financial difficulties
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.
More about Companies in financial difficulties:
Please click further if you would like to know more about how we can advise you on the following areas/topics:
SPECIALIZED LAWYERS
These are our lawyers who are specialized in this area.
Peter de Graaf
Richard Ouwerling
Peter Verheijden
David Harreman
Hans Rijntjes
Jacolien Leuvenink
Anouk van Houdt
Maxime Visser
Manager backoffice
+31 (0)10 206 17 84
visser@lvh-advocaten.nl
(more…)
Mike Pfeifer
Rob Steenhoek
Irene Nuijen
Administrative Assistant
+31 (0)10 209 27 50
nuijen@lvh-advocaten.nl
(more…)
Jamie Janssen
Annique Wennekes
Sebastiaan Knook
Legal assistant aviation
+31 (0)10 209 27 52
knook@lvh-advocaten.nl
(more…)
Claudia Rondberg
Receptionist
+31 (0)10 209 27 77
rondberg@lvh-advocaten.nl
(more…)
Bram van Ruijven
Legal assistant aviation
+31 (0)10 209 27 64
vanruijven@lvh-advocaten.nl
(more…)
Sebastiaan Knook
Secretary
+31 (0)10 209 27 64
knook@lvh-advocaten.nl
(more…)
Ben van Nieuwaal
Anna-Rhodé van den Dool
Gentia Niesert
Carolina Corijn
Legal assistant
+31 (0)10 209 27 52
corijn@lvh-advocaten.nl
(more…)
Carola Plomp
Secretary
+31 (0)10 209 27 75
plomp@lvh-advocaten.nl (more…)
Ina Erwich
Bouwe Bos
Laura Kleijne
More about companies in financial distress
Liability of foundation director in case of rained-out festival
A director of a foundation can also run the risk of being held personally liable. This is nothing new, but is demonstrated once again by a recent judgment of the East Brabant District Court. The director of a foundation set up to organise a festival had entered into new financial commitments a day before the start of the festival, while weather forecasts were poor.
Conflicts and conflicting interests between shareholders
The relationship between shareholders in a company is sometimes like a marriage. It often goes well, but it also happens often enough that after a short or long time, hassles arise and parties no longer want to continue with each other. Just like a marriage, this can lead to a 'fighting divorce' or 'parting as good friends' and everything in between.
Defense Against Passenger Claims
Is a flight delayed or canceled or does a passenger face a denied boarding? Then Regulation 261/2004 and the Montreal Convention (Convention for the Unification of Certain Rules for International Carriage by Air) govern the rights of passengers vis-à-vis tour operators and airlines.
