In part 2 of this 3-part series, Omni Bridgeway turns to Nathan Landis, an Investment Manager based in our Perth office, Shane Taylor, a Business Development Director based in our Sydney office,
Australia, Indonesia, Malaysia, Thailand, Energy & Natural Resources, Insolvency & Restructuring, Legal Tech, Litigation, Projects & Procurement, Omni Bridgeway, Renewable energy, Force majeure, Coronavirus
In a recent judgment, the Supreme Court ruled that both the debtor and any counterparty performing the legal act have knowledge of prejudice to creditors if, at the time of performing the legal act, the bankruptcy of the debtor and a shortfall in the bankruptcy estate is foreseeable. This judgment confirms the Supreme Court's decision of 22 December 2009 (ECLI:NL:HR:2009:BI8493).
Netherlands, Insolvency & Restructuring, Litigation, Stibbe, Supreme Court of the United States, Supreme Court of the Netherlands