On 29 March 2017, Advocate General Mengozzi rendered his opinion to the EU Court of Justice in the landmark case regarding the Estro pre-packed bankruptcy.

Op 20 december 2016 is het wetsvoorstel versterking positie curator door de Tweede Kamer aangenomen. Ook dit wetsvoorstel maakt onderdeel uit van het overkoepelende Wetgevingsprogramma Herijking Faillissementsrecht.

Het wetsvoorstel Wet continuïteit ondernemingen I maakt onderdeel uit van het overkoepelende Wetgevingsprogramma Herijking Faillissementsrecht waarin wijzigingen van het faillissementsrecht worden voorbereid.

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).

The District Court of Oost-Brabant: At the time of collection, if a trustee in bankruptcy has collected enforcement proceeds from receivables pledged under an undisclosed right of pledge over receivables, the pledgee of the undisclosed right of pledge remains entitled to claim such proceeds from the trustee in bankruptcy, provided it has not collected the proceeds in its capacity as representative of the insolvent pledgor. The claim, however, only applies to proceeds which have been paid directly into the liquidation account.

Serving on a court-appointed bankruptcy committee can come with many benefits, and the list just got a little longer. In Blixseth v. Brown, the Ninth Circuit held that committee members enjoy some of the same protections as trustees when it comes to potential attacks for actions taken during a bankruptcy case.

The bankruptcy of solar power developer SunEdison has been one of the most discussed topics of the US renewable energy market in 2016. Christy Rivera, partner in Chadbourne’s bankruptcy group, joins us to discuss outcomes, surprises and lessons learned from SunEdison’s bankruptcy filing.

A recent decision by Judge Sontchi in the Bankruptcy Court for the District of Delaware casts some light on the methods that representatives of non-U.S. debtors can—and can’t—use to track down those who owe such debtors money.

In a recent judgment the Dutch Supreme Court ruled that the holder (an "Estate Claim Pledgee") of a right of pledge (an "Estate Claim Pledge") which secures one or more estate claims (each, a "Secured Estate Claim") is entitled to satisfy such claims out of the proceeds resulting from enforcement of such right of pledge ("Estate Claim Pledge Enforcement Proceeds") during the pledgor's bankruptcy provided that the claims have arisen from a legal relationship having come into existence prior to the bankruptcy.

Dutch Supreme Court 15 April 2016 (ECLI:NL:HR:2016:665)

In a recent judgment, the Dutch Supreme Court ruled that a party who purchases and accepts the transfer of moveable assets subject to a retention of title acquires a right of conditional ownership with respect to those moveable assets and has the power to create an unconditional right of pledge over such right of conditional ownership.