Op insolventiegebied heeft de Hoge Raad in 2016 een aantal interessante uitspraken gedaan.

Summary

In its judgment Rabobank/Reuser of 3 June 2016, the highest court of justice in the Netherlands (Hoge Raad or Supreme Court) ruled that:

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court for the Southern District of Florida recently denied in part an involuntary debtor’s motion to compel production of communications between the judgment creditor who had filed the involuntary bankruptcy petition and the petitioner’s litigation funder. The Court found that the attorney-client privilege and work product protection were applicable to certain disclosures made to the litigation funder, a non-lawyer third-party.