Relevant bibliographies by topics / Bankruptcy – Netherlands

Academic literature on the topic 'Bankruptcy – Netherlands'

Author: Grafiati
Published: 10 March 2023

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Journal articles on the topic "Bankruptcy – Netherlands"

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Sunarmic, Edi Yunara, Sumurung P. Simaremare, Bismar Nasution,. "Reviewing the Comparison of the Legal Bankruptcy System Between Indonesia and the Netherlands." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 6 (April 5, 2021): 2290–96. http://dx.doi.org/10.17762/turcomat.v12i6.4834.

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Introduction: Dutch colonialisation of Indonesia provides many legacies, one of which is a legal product. The bankruptcy law specifically initially adopted Verordening Faillisements as the bankruptcy law. The development of the times was followed by the increasing complexity of the problems and demands for resolution-making legal changes necessary, of course, this happened in the two countries with the Netherlands, which used the Dutch Bankruptcy Act and Indonesia with Law Number 34 of 2004 having differences in the classification of Bankruptcy and its resolution. Research Objectives: This study analyses the bankruptcy legal system's comparison between Indonesia and the Netherlands. Research Methods: The type of research used is normative legal research with a comparative approach. Conclusion: The comparison of the two bankruptcy laws was carried out to explore the differences between the two, which could be used as a basis for policy analysis that might later involve the two countries and reform the bankruptcy law in Indonesia in the future. The comparison of bankruptcy law is carried out using a statutory approach, comparative approach, a conceptual approach, and a historical approach. There are differences between the two laws of Bankruptcy adopted by Indonesia and the Netherlands, especially in determining a business's bankruptcy status and settling the Debtor's remaining debt to creditors. Where each country's legal system closely influences these differences, it is concluded that through its development, the Netherlands has implemented the Debt Forgiveness principle, contrary to Indonesia's principles, which still adheres to the Debt Collection principle.
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Hummelen, Jochem M. "Efficient Bankruptcy Law in the u.s. and the Netherlands." European Journal of Comparative Law and Governance 1, no. 2 (May 12, 2014): 148–211. http://dx.doi.org/10.1163/22134514-00102004.

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Bankruptcy serves to prevent the arising of a common pool problem and to ensure value maximisation of the debtor’s assets. The question is whether in addition to this goal of value maximization, it is efficient to allow the introduction of new substantive policies in the bankruptcy process as to redistribute wealth. The author, in light of Dutch and American bankruptcy law, compares several theories to answer this question about the goals of bankruptcy. He concludes that the introduction of substantive policies leads to inefficient forum shopping and that and the absolute priority of creditors and shareholders should be warranted as much as possible in bankruptcy.
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Putra, Farih Romdoni. "Reform of Plan Termination in Suspension of Debt Payment Obligations (PKPU) in Indonesia." Yuridika 36, no. 3 (September 1, 2021): 639. http://dx.doi.org/10.20473/ydk.v36i3.30295.

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The bankruptcy law exists to ensure justice for both creditors and debtors. This research aims at identifying matters needed to be reformed in bankruptcy law in Indonesia to create justice for creditors and debtors. Specifically, this research focused on the provisions of the termination of a plan achieved from the suspension of debt payment obligations (“PKPU”). This research was conducted using a normative juridical research method with a conceptual and comparative approach. The author examined the bankruptcy laws in Indonesia, evaluated several cases of plan termination in PKPU occurring in Indonesia, and later compared the rules in the bankruptcy laws applied in the United States of America, Netherlands, and Singapore Results of this study indicated that the provisions for plan termination in the bankruptcy law do not protect the debtors’ interests. From the termination plan cases in Indonesia, it was also found that there were confusions in the bankruptcy law in Indonesia in which it did not provide legal certainty for both debtors and creditors. The comparison between the bankruptcy laws in Indonesia to the bankruptcy laws in the United States of America, Netherlands, and Singapore also shows that the reform of bankruptcy law in Indonesia needs to be carried out to create flexibility for the implementation of the plan. These findings are discussed further in this article.
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Setyorini, Theresia Niken, and Aloysia Yanti Ardiati. "PENGARUH POTENSI KEBANGKRUTAN PERUSAHAAN PUBLIK TERHADAP PERGANTIAN AUDITOR." KINERJA 10, no. 1 (January 26, 2017): 76–87. http://dx.doi.org/10.24002/kinerja.v10i1.921.

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The main objective of this paper is to examine the effect of failing firms (firms which arepotential to be bankrupt) on auditor switching. Hypothesis was derived from Schwartz and Menon (1985) which implies that failing firms have a greater tendency to switch auditors than healthier firms do. The Z score (Altman model) was used as a proxy to measure the potential of bankruptcy. This method was applied since it has been developed in several countries such as US, Germany, Brazil, Australia, England, Ireland, Canada, the Netherlands, and France. Annual report and Indonesian Capital Market Directory were used to collect the data for a sample of 7 firms that changed their auditors and 7 firms that did not. Those four-teen (14) firms have been selected as sample among firms in consumer goods industries to answer the question about the impact of firns with potential to go bankrupt on auditor switching. Chi-Square result shows that firms with potential to go bankrupt could not influence auditor switching.Keywords: auditor switching, bankruptcy, Altman Z-Score, failing firm
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Kotlyar, Ilya A. "Bankruptcy and the Praetorian Pledge: The Law of the Books and the Law in Action in the Early Modern Netherlands." Studia Iuridica 80 (September 17, 2019): 181–96. http://dx.doi.org/10.5604/01.3001.0013.4799.

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The article points out at the discrepancy between the different Mss. of the Roman Justinianic text: Littera Pisana and Littera Bononiensis. The discrepancy entailed that the doctrine of medieval Ius Commune offered stronger protection of the collective rights of the creditors, in comparison with the Classical Roman law. The Roman Dutch “Elegant School”, despite its general reliance on the original Roman sources, already in the writings of Grotius demonstrated allegiance to the medieval doctrine on the issue of bankruptcy. The authors of the “Elegant School” continued to prefer the medieval interpretation of the creditors’ rights and bankruptcy, although Dutch practice was, in many respects, drastically different from the Ius Commune doctrine. This ensured a strong protection of creditors in bankruptcy in Dutch law.
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Vriesendorp, Reinout D. "The Righteous Bankruptcy Trustee: The influence of creditors on the appointment of a bankruptcy trustee from a Netherlands perspective." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 1 (June 26, 2017): 138. http://dx.doi.org/10.17159/1727-3781/2008/v11i1a2754.

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In this contribution the topic of integrity of the bankruptcy trustee is being dealt with from a Dutch perspective, more specifically from the point of view of the creditors and their (lack of) influence on the appointment of the trustee. In this respect various questions are addressed: what does integrity or righteousness mean in the context of the appointment of a bankruptcy trustee and what do we mean when we are talking about a righteous trustee; why do we need a righteous trustee; and how do we reach our goal? After investigating the existing safeguards to prevent non-righteous persons to be enrolled or appointed as trustee, the position of the creditors is dealt with, especially with respect to their influence on the appointment of the trustee. A quick glance on various neighbouring jurisdictions, demonstrates that not much has been regulated in the Netherlands. As to the question whether or not more creditor involvement in the appointment process is required or desired, it is argued that there is no need to increase their influence because it is not to be expected that such influence will enhance the integrity of bankruptcy trustees.
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Aalbers, Henrick, Jan Adriaanse, Gert‐Jan Boon, Jean‐Pierre Rest, Reinout Vriesendorp, and Frank Van Wersch. "Does pre‐packed bankruptcy create value? An empirical study of postbankruptcy employment retention in The Netherlands." International Insolvency Review 28, no. 3 (December 2019): 320–39. http://dx.doi.org/10.1002/iir.1353.

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Bos, Titia M. "Discharging a Bankruptcy in France and the Recovery of an Undischarged Claim against a Debtor in the Netherlands." Netherlands International Law Review 43, no. 03 (December 1996): 390. http://dx.doi.org/10.1017/s0165070x00005131.

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Catterall, Douglas. "At Home Abroad: Ethnicity and Enclave in the World of Scots Traders in Northern Europe, c. 1600-1800." Journal of Early Modern History 8, no. 3 (2004): 319–57. http://dx.doi.org/10.1163/1570065043123968.

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AbstractThis article examines the formation of Scots ethnicity from the perspective of the corporate, ethnic enclave and treats Scots migrants as boundary-crossers, members of an ethnic group that could operate independently of a state-driven agenda. Beginning with the reaction in a particular Scots network to the mid-18th-century bankruptcy of a Scots merchant and progressing to an overview of Scots enclaves from the Netherlands to Poland-Lithuania, it argues that Scots traders in the North and Baltic Sea zones depended on and in turn deferred to enclaves of their fellow countrymen in conducting their lives and careers. Moreover, because they tended to provide poor relief on the basis of ethnicity and promote non-denominational codes of behavior, northern Europe's Scots enclaves could accommodate an ethnic identity somewhat shorn of confessional division. In this regard, the piece concludes, Scots seem to have operated like other boundary-crossers such as the Sephardim of northern Europe or the Armenians of New Julfa.
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Poiedynok, V. V., and I. V. Kovalenko. "RESPONSIBILITY OF DIRECTORS IN BANKRUPTCY PROCEDURES UNDER EU LAW AND INDIVIDUAL MEMBER STATES OF EU." Economics and Law, no. 1 (April 15, 2021): 48–60. http://dx.doi.org/10.15407/econlaw.2021.01.048.

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The Bankruptcy Proceedings Code of Ukraine provides for the possibility of imposing liability under the obligations of the debtor – a legal person on the founders (stakeholders, shareholders) or other persons who have the right to give mandatory instructions to the debtor or have the opportunity to otherwise determine his actions. As a result, "comfortable" organizational forms of companies, such as LLCs and JSCs, have become risky for investors; managers, who may be employees, bear risk too. The article analyzes the legislation of the EU and some EU member states (Germany, France, Spain, the Netherlands, Latvia, Romania), concerning the liability of individuals in insolvency proceedings. We find that the rules on such liability are not harmonized at the EU level; as for individual countries, their laws do provide for the possibility of holding both de jure and de facto directors, whereas the latter may include the founders (stakeholders, shareholders) of the company, for the debts of the company. At the same time, the legislation of European countries describes in great detail the conditions and procedure for imposing such liability, which makes the risks for the individuals concerned predictable. Moreover, special rules on liability in insolvency proceedings are systematically linked to the provisions of company law, which establish the obligation of directors to act with due diligence in the interests of the company and liability for knowingly making business transactions with the knowledge that the company is insolvent (wrongful trading). In Ukraine, there are absolutely no specific legal provisions on the conditions and procedure for holding even de jure directors to liable in insolvency proceedings, not to mention the founders (stakeholders, shareholders) of companies, which creates a situation of legal uncertainty. To eliminate it, the legislation of Ukraine should define: the range of individuals on whom such liability may be imposed; a specific list of actions, the commission of which may give rise to liability; the need to prove the guilt of such individuals; forms of guilt sufficient to be held liable (only intent or also negligence); procedural rules for establishing guilt, including the issue of the burden of proof; who may lay claim to a director (insolvency administrator, creditor, court); statutes of limitations on the liability of directors, etc.
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Dissertations / Theses on the topic "Bankruptcy – Netherlands"

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FRANKEN, Sefa. "Corptate bankruptcy law and business reorganization in the United States and the Netherlands : a comparative legal analysis of the use of the bankruptcy laws as a means of reorganization of large businesses run in the form of corptations." Doctoral thesis, 2000. http://hdl.handle.net/1814/4630.

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Defence date: 23 June 2000
Examining Board: Prof. C. Joerges (EUI, Supervisor); Prof. R. Vriesendorp (Co-Supervisor; University of Tilburg, NL); Prof. W. Whitford (University of Madison, USA); Prof. Bruno de Witte (EUI)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
As the title of this thesis indicates the topic of this study is "Corporate Bankruptcy Law and Business Reorganization in the United States and the Netherlands: A comparative legal analysis of the use of the bankruptcy laws as a means of reorganization of large businesses run in the form of corporations." This is a vast topic and some further explanation as to the exact subject matter of this thesis is necessary. Limitations of the thesis can be deduced from the title itself. This thesis deals with bankruptcy law, but it does not encompass all bankruptcy procedures or all the possible applications of bankruptcy procedures. The main focus is on those bankruptcy procedures that might lead to the financial and economic reorganization of the corporation or its underlying business. The use of the bankruptcy laws by a large corporation in order to reorganize its business does not necessarily preserve the corporate entity itself. The effect of corporate bankruptcy could be that the business continues to be run within the same corporate entity. On the other hand, it could also lead to the preservation of the corporation's underlying business whereas the corporate entity is extinguished.
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Books on the topic "Bankruptcy – Netherlands"

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Declercq, Peter J. M. Netherlands insolvency law: The Netherlands Bankruptcy Act and the most important legal concepts. Hague: T.M.C. Asser, 2002.

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Vriesendorp, R. D., Joseph McCahery, and F. M. J. Verstijlen. Comparative and international perspectives on bankruptcy law reform in the Netherlands. Den Haag: Boom Juridische Uitgevers, 2001.

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Wessels, B. Business and bankruptcy law in the Netherlands: Selected essays. The Hague: Kluwer Law International, 1999.

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Rembrandt Harmenszoon van Rijn, 1606-1669., ed. Rembrandt's bankruptcy: The artist, his patrons, and the art market in seventeenth-century Netherlands. New York: Cambridge University Press, 2006.

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American Bar Association. Section of Corporate, Banking and Business Law. and American Bar Association. Division of Professional Education., eds. International loan workouts and bankruptcies: Protecting loans and investments in Argentina, Brazil, Canada, Egypt, England, France, Germany, Israel, Italy, Japan, Mexico, the Netherlands, Switzerland, Venezuela. [Chicago]: American Bar Association, 1987.

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American Bar Association. Section of Corporation, Banking, and Business Law. and American Bar Association. Division of Professional Education., eds. International loan workouts and bankruptcies: Protecting loans and investments in Argentina, Brazil, Canada, Egypt, England, France, Germany, Israel, Italy, Japan, Mexico, The Netherlands, Switzerland, Venezuela. [Chicago, Ill.]: American Bar Association, 1994.

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Hummelen, Jochem. Distress Dynamics in Bankruptcy. Eleven International Publishing, 2015.

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Declerq, Peter. Netherlands Insolvency Law:The Netherlands Bankruptcy Act and the Most Important Legal Concepts. Springer, 2002.

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Willem (Pim), Rank, and Silverentand Larissa. 22 The Netherlands. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0022.

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This chapter discusses the law of set-off in the Netherlands. Under Dutch law, set-off operates as a mechanism for discharging claims. It allows a debtor to discharge his claim by reducing or extinguishing his creditor's claim by the amount of his cross-claim. There is no special regime for set-off clauses in finance documentation in the Netherlands. The chapter first provides an overview of set-off between solvent parties, focusing on statutory set-off, contractual set-off, and current account set-off. It then considers set-off against insolvent parties, taking into account the cooling-off period in bankruptcy, before turning to the so-called actio pauliana. It also explains specific provisions of the EU Collateral Directive aimed at protecting close-out netting provisions in a financial collateral arrangement. Finally, it analyses set-off in recovery and resolution of credit institutions and investment firms, along with issues arising in cross-border set-off.
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Adriaanse, J. A. A. Restructuring in the Shadow of the Law: Informal Reorganisation in the Netherlands. Kluwer Law International, 2005.

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Book chapters on the topic "Bankruptcy – Netherlands"

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Declercq, Peter J. M. "Bankruptcy." In Netherlands Insolvency Law, 59–133. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-533-9_3.

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Declercq, Peter J. M. "The Netherlands Bankruptcy Act." In Netherlands Insolvency Law, 1–32. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-533-9_1.

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"The Netherlands." In Rescue of Business in Europe. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198826521.003.0034.

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There is no established practise for facilitating out-of-court workouts in Dutch bankruptcy law. However, Dutch private law does allow for an out-of-court composition (buitengerechtelijk akkoord or onderhands akkoord), in which the creditors agree to be paid partially or to be satisfied differently. This solution can be considered practically ineffective, since it requires the consent of all creditors for its realisation. Creditors who refuse to agree with the terms of the composition are still to be paid in full.
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Faber, Dennis, and Niels Vermunt. "National Report for the Netherlands." In Treatment of Contracts in Insolvency. Oxford University Press, 2013. http://dx.doi.org/10.1093/oso/9780199668366.003.0012.

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The origin of the current statutory regime dealing with contracts in insolvency dates back to the enactment of the Bankruptcy Code in 1893. The Bankruptcy Code entered into force on 1 September 1896 (and still applies today). Limited changes have subsequently been implemented to improve the statutory treatment of contracts in insolvency. Various proposals submitted in (draft) bills and in legal literature to modernize the existing legal framework have largely been disregarded by the legislator.
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Tollenaar, Nicolaes. "Introduction." In Pre-Insolvency Proceedings, 1–7. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198799924.003.0001.

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This first chapter provides an overview of the aims of the book. The main objectives of this text are to develop a normative foundation for pre-insolvency proceedings, outline the fundamental principles that underlie a pre-insolvency plan procedure, and set out a framework that outlines what a pre-insolvency plan procedure should resemble in an ideal world. The chapter anticipates the content of the subsequent chapters in the book and then looks at terminology. It defines terms such as plan, plan procedures, insolvency, bankruptcy, liquidation, pre-insolvency, and pre-insolvency proceedings. The chapter outlines pending legislative initiatives seeking to introduce pre-insolvency proceedings both in the Netherlands and at the European level.
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