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.
Peter Verheijden
Peter de Graaf
Sebastiaan Knook
Legal assistant aviation
+31 (0)10 209 27 52
knook@lvh-advocaten.nl
(more…)
Sebastiaan Knook
Secretary
+31 (0)10 209 27 64
knook@lvh-advocaten.nl
(more…)
Ina Erwich
Bram van Ruijven
Legal assistant aviation
+31 (0)10 209 27 64
vanruijven@lvh-advocaten.nl
(more…)
David Harreman
Claudia Rondberg
Receptionist
+31 (0)10 209 27 77
rondberg@lvh-advocaten.nl
(more…)
Gentia Niesert
Laura Kleijne
Anna-Rhodé van den Dool
Maxime Visser
Manager backoffice
+31 (0)10 206 17 84
visser@lvh-advocaten.nl
(more…)
Hans Rijntjes
Ben van Nieuwaal
Richard Ouwerling
Carolina Corijn
Legal assistant
+31 (0)10 209 27 52
corijn@lvh-advocaten.nl
(more…)
Annique Wennekes
Irene Nuijen
Administrative Assistant
+31 (0)10 209 27 50
nuijen@lvh-advocaten.nl
(more…)
Jamie Janssen
Rob Steenhoek
Jacolien Leuvenink
Mike Pfeifer
Bouwe Bos
Anouk van Houdt
Carola Plomp
Secretary
+31 (0)10 209 27 75
plomp@lvh-advocaten.nl (more…)
More about companies in financial distress
Debt collection in the Netherlands
LVH Advocaten offers professional debt collection services for any size commercial debts in the Netherlands. The firm has ample experience in collecting outstanding debts for our international client base and is committed to pursue debtors in the Netherlands quickly and efficiently to ensure a maximum return at a minimum cost.
CMR forum shopping
Article 31 of the Convention on the Contract for the International Carriage of Goods by Road (CMR) provides a wide choice of jurisdictions in which legal proceedings might be commenced. This includes the courts of a country within whose territory the defendant is ordinarily resident or has his principal place of business, or the place where the goods were taken over by the carrier or the place designated for delivery.
Judicial sale of vessels
The Netherlands is a suitable jurisdiction to enforce claims against ships. The arrest of vessels is a broadly used manner to obtain payment or security for a long outstanding claim. It is not always that vessels are subsequently released. Especially where various parties arrest a vessel there is always a risk that the vessel will not leave port in the same ownership. With a certain frequency seagoing vessels are sold before the Dutch Courts through a judicial sale by public auction.
