Revival of the Dutch pre-pack by the CJEU

The CJEU has surprisingly ruled in Heiploeg that the Dutch pre-pack can fall under the exception of Article 5(1) of the Transfer of Undertakings Directive. This may well bring about the revival of the pre-pack.

Jiahui Plomp • May 16, 2022

Putting the pre-pack into practice: A ray of light at the end of the tunnel?

The WCO I Amending Act aims to help companies with activities serving societal interests when they face financial distress. But does it create an adequate framework to solve the current issues concerning the pre-pack?

Jiahui Plomp • October 18, 2021

WHOA on its way

Adoption of WHOA by Dutch House of Representatives marks a major step toward introducing a new restructuring proceeding. The bill is now put forward to the Senate.

Gert-Jan Boon • May 29, 2020

Flattening the insolvency curve

The role of insolvency law in preventing unnecessary corona-related bankruptcies. Can the Dutch legislature offer debtors more respite possibilities?

Jessie Pool and Anne Mennens • May 26, 2020

The intended trustee in Dutch pre-pack: from fly on the wall to spider in the web

The draft bill of the Continuity of Enterprises Act I assigns a significant role to the intended trustee in Dutch pre-pack proceedings. But what exactly is the position of this main figure and what does the job description include?

Romy Siebelink • December 02, 2019

Can the pre-pack pack its bags in the Netherlands?

After all the commotion caused by the ECJ's ruling in the FNV/Smallsteps case, everyone wants to know whether the pre-pack has any future at all. Is it game-over for the pre-pack or can it still play a meaningful role in Dutch insolvency practice?

Pauline Springorum and Rianne van Pelt • November 19, 2019

The first personal bankruptcy case in China

It has been long held in China that a debt must be repaid, particularly the debt of a father by his son. Is this going to change? What does the first personal bankruptcy case in China tell us?

Shuai Guo • October 18, 2019 • 4 comments

The Mediator in Insolvency Law: Exploring New Terrain

On 11 September 2018, the Court of Appeal of 's-Hertogenbosch handed down a remarkable interlocutory judgment in a case involving the bankruptcy of a tiling company.

Gert-Jan Boon, Maciek Bednarski, Carlotte Dessauvagie and Milan Pastoors • July 30, 2019

Early warning and the restructuring directive: could directors learn from insolvency practitioners?

Could the contribution of insolvency practitioners in creating early warning tools help company directors identify the moment in time when they should take measures to avoid insolvency?

Jessie Pool • July 04, 2019

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