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:
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SPECIALIZED LAWYERS
These are our lawyers who are specialized in this area.
Gentia Niesert
Sebastiaan Knook
Secretary
+31 (0)10 209 27 64
knook@lvh-advocaten.nl
(more…)
Laura Kleijne
Bouwe Bos
Irene Nuijen
Administrative Assistant
+31 (0)10 209 27 50
nuijen@lvh-advocaten.nl
(more…)
Richard Ouwerling
Jamie Janssen
Ben van Nieuwaal
Mike Pfeifer
Anouk van Houdt
Carola Plomp
Secretary
+31 (0)10 209 27 75
plomp@lvh-advocaten.nl (more…)
Jacolien Leuvenink
Carolina Corijn
Legal assistant
+31 (0)10 209 27 52
corijn@lvh-advocaten.nl
(more…)
Anna-Rhodé van den Dool
David Harreman
Bram van Ruijven
Legal assistant aviation
+31 (0)10 209 27 64
vanruijven@lvh-advocaten.nl
(more…)
Rob Steenhoek
Annique Wennekes
Maxime Visser
Manager backoffice
+31 (0)10 206 17 84
visser@lvh-advocaten.nl
(more…)
Hans Rijntjes
Ina Erwich
Claudia Rondberg
Receptionist
+31 (0)10 209 27 77
rondberg@lvh-advocaten.nl
(more…)
Peter de Graaf
Sebastiaan Knook
Legal assistant aviation
+31 (0)10 209 27 52
knook@lvh-advocaten.nl
(more…)
Peter Verheijden
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Dutch bankruptcy law
Bankruptcy in The Netherlands is governed by the Dutch Bankruptcy Act. Intra-EU cross-border insolvency proceedings are governed by Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings. Cross-border insolvency proceedings that do not fall within the scope of the EU Insolvency Regulation will be governed by the general rules of Dutch Private International Law.
