Bankruptcy trustee may be personally liable if claims encumbered by an undisclosed right of pledge (stil pandrecht) are collected against the will of the pledge holder

On 5 February 2016, the Dutch Supreme Court (“Supreme Court“) ruled (ECLI:NL:HR:2016:199) that an estate claim (boedelvordering) based on damage suffered by a pledge holder, caused by the wrongful collection of claims encumbered by a right of pledge by a bankruptcy trustee, does not have priority over the estate claim relating to the remuneration of the trustee.

Filed under:
Netherlands, Insolvency & Restructuring, Litigation, Stibbe
Authors:
Stijn de Jong
Location:
Netherlands
Firm:
Stibbe