The subject of a compulsory settlement outside of formal insolvency proceedings has been the focus of attention in Europe and several of its Member States, including the Netherlands, for quite some time. In the preface of his book ‘Pre-insolvency proceedings. A Normative foundation and Framework’ (OUP, 2019), the author, Nicolaes Tollenaar, signals this strong development in Europe with focusing on… Read More »2019-04-doc2 pre-insolvency proceedings
Money makes the world 90 ‘round, Liza Minnelli sang in the movie Cabaret in 1973. An even greater gift has come to financial lawyers, at least that’s what Simon Gleeson writes in the preface of his book The legal Concept of Money (OUP, 2018). Gleeson is a partner at Clifford Chance London, and the gift mentioned is the creation of… Read More »2019-04-doc1 Did you say money?
In September last year I reported about my research into the bankruptcy (cessio bonorum) of Rembrandt. In the Netherlands, Rembrandt is hot as this year it is 350 years that he passed away. Also abroad there is interest and I was interviewed last year for a BBC programme. See blog/2018-09-doc3-the-bankruptcy-of-rembrandt-interview-bbc. Rembrandt (1606-1669) lived from 1606 till around 1631 in Leiden… Read More »2019-03-doc13 Looking for Rembrandt
In our recent publication ‘Cross-Border Cooperation and Communication: How to Comply with Data Protection Rules in Matters of Insolvency and Restructuring’, in: 16 International Corporate Rescue 2019, 98ff (published by Chase Cambria Publishing, www.chasecambria.com), Ilya Kokorin and I conclude in the following way (leaving out the footnotes): “Insolvency practitioners – Codes of conduct Insolvency practitioners, when processing (collecting, recording, storing,… Read More »2019-03-doc12 Insolvency practitioners and Privacy codes
On my blog 2019-03–doc9 for some odd reason my full reply, as pdf, was not attached/visable. Therefor the cut & past full version follows below, with the footnotes at the end. A reply to professor De Weijs et al. 22 March 2019, Dordrecht, The Netherlands, by Bob Wessels (professor em. University of Leiden, The Netherlands). In a letter, dated 20… Read More »2019-03-doc10 The full version of my reply to professor De Weijs et al
With deep sorrow I am reporting about the death, on 15 March 2019, of my dear colleague Gabriel Moss QC. Gabriel has had a remarkable career as a practitioner, with a clever and unrivalled grasp on the practical as well as the academic dimensions of especially international insolvency law. We met in the early 2000s both being speakers at several… Read More »2019-03-doc7 Passing away of Gabriel Moss QC
Since 2016, Brazilian telecom group Oi’s restructuring has led to several court proceedings in the Netherlands. The District Court in Amsterdam decided one issue in March 2018, in a conflict between Cayman Islands-incorporated Capricon Capital (Capricorn) and two Dutch financial vehicles, Portugal Telecom International Finance (PTIF) and Oi Brasil Holdings Co-operative (Finco) – both part of the Oi group and… Read More »2019-03-doc2 No-action clause in Brazil Oi case
A foundation, carrying my name (‘Stichting Bob Wessels Insolvency Law Collection’) is a Dutch incorporated legal person. It was founded in August 2016, at my initiative, a few years after my retirement for the Leiden University. The Foundation has acquired the larger part of my private collection of books and other media in the field of national and international insolvency… Read More »2019-03-doc1 PhD Workshop European/International insolvency law
Since 1990, the most classic publication to understand English corporate insolvency law is the book of Roy Goode. In autumn of 2018 it has been published in its fifth edition, edited by Kristin van Zwieten. On the continent, she will be most known for the 2016 book with an extensive commentary on the EU Insolvency Regulation (Recast), edited together with… Read More »2019-02-doc8 Principles of Corporate Insolvency Law, 5th ed.
Insolvency crossing border is heavily debated. The EU has provided a legislative resonse in the Recast of the Insolvency Regulation. UNCITRAL knows close to 50 countries have adopted the Model Law, and UNCITRAL too is close to the finalisation of a separate Model Law on Group enterprise insolvency. Notwithstanding case law resulting from Yukos in the Netherlands, the legislature is… Read More »2019-02-doc4 Cross-border insolvency law in Argentina