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.
Gentia Niesert
Mike Pfeifer
Sebastiaan Knook
Legal assistant aviation
+31 (0)10 209 27 52
knook@lvh-advocaten.nl
(more…)
Carola Plomp
Secretary
+31 (0)10 209 27 75
plomp@lvh-advocaten.nl (more…)
Laura Kleijne
Bouwe Bos
Richard Ouwerling
Jacolien Leuvenink
Sebastiaan Knook
Secretary
+31 (0)10 209 27 64
knook@lvh-advocaten.nl
(more…)
Anouk van Houdt
Maxime Visser
Manager backoffice
+31 (0)10 206 17 84
visser@lvh-advocaten.nl
(more…)
Peter Verheijden
Jamie Janssen
David Harreman
Anna-Rhodé van den Dool
Peter de Graaf
Ina Erwich
Claudia Rondberg
Receptionist
+31 (0)10 209 27 77
rondberg@lvh-advocaten.nl
(more…)
Ben van Nieuwaal
Carolina Corijn
Legal assistant
+31 (0)10 209 27 52
corijn@lvh-advocaten.nl
(more…)
Rob Steenhoek
Hans Rijntjes
Annique Wennekes
Irene Nuijen
Administrative Assistant
+31 (0)10 209 27 50
nuijen@lvh-advocaten.nl
(more…)
Bram van Ruijven
Legal assistant aviation
+31 (0)10 209 27 64
vanruijven@lvh-advocaten.nl
(more…)
More about companies in financial distress
Liability of Directors
This article briefly discusses a number of regularly occurring grounds for the liability of directors of legal entities.
Conflicts between shareholders
Between the shareholders of the public limited company, and the limited liability company, conflicts on a variety of fields may occur. Usually, the shareholders can work the matter out, for instance, by discussing the matter in a general meeting of shareholders. The supervisory board, if any, may also be of use.
Ship arrest in the Netherlands
The port of Rotterdam and the Rotterdam court are well-known amongst creditors who have a recoverable claim on seagoing vessels. Experience shows that ships usually can be seized easily and quickly. This is true compared to other jurisdictions. The court, lawyers and bailiffs are accustomed to acting quickly and enabling an arrest; it can happen that, at night, a ‘water’ lawyer asks a judge at his home for an arrest, after which the bailiff goes to the ship that same night. The vessel is then under arrest.
