Enige tijd geleden ben ik gestart met de bewerking en actualisering van alle tien delen in de serie Wessels Insolventierecht. Dat wordt dan de 5e druk van de serie. Deo volente, hoop ik deze tussen 2018 en 2022 te voltooien. Na bijna 20 jaar was het tijd om enkele bescheiden wijzigingen door te voeren. Ik noem kort: versterking privaatrechtelijke inbedding,… Read More »2018-05-doc3 Start bewerking serie Wessels Insolventierecht
For IEEI in Athens last week, I gave 2 presentations. One on Business rescue in Europe and a short overview of the legislative developments re the Recalibration of Dutch Bankruptcy Act. See some notes below. Introduction The Dutch Bankruptcy Act dates from 1896. It contains 3 proceedings: bankruptcy liquidation (faillissement), suspension of payments (surseance van betaling) and, since 1998, debt… Read More »2018-05-doc2 Two lectures for IEEI in Athens
The EU Insolvency Regulation (Recast) (848/2015) applies since June 2016 to 26 member states (all, except Denmark). In these states more than 100 different collective insolvency proceedings can be used, by natural persons or by companies. Some countries only provide for one such insolvency proceeding (Bulgaria, Croatia), in other countries two proceedings can be opened (Estonia) or three (The Netherlands,… Read More »2018-04-doc3 Harmonising security rights in the EU?
The power of trends in international insolvency law Bob Wessels, Professor emeritus of International Insolvency Law, University of Leiden, The Netherlands [could not attach this comment to my blogs 2018-03-doc2 and 2018-03-doc3, so here it finally is] 1 The Oi Brasil case has been, without doubt, one of the most complex international insolvency cases of the last two years, involving… Read More »2018-03-doc3bis No attachment, just pasted: comment on NYC SDNY case Oi Brasil Coop – Aurelius
Corporate groups: bringing insolvency law and corporate law together Below the text of an editorial, to appear in the first issue of 2018 of European Company Law (a Kluwer Law International journal). Corporate groups are an ensemble of companies that act in concert. From an economic perspective, they represent one enterprise and an efficient administration of insolvency proceedings related to… Read More »2018-03-doc1 Corporate law – insolvency law
On December 4, 2017, the U.S. Bankruptcy Court for the Southern District of New York had to decide about a petition to recognise Dutch insolvency proceedings launched by an affiliate of Brazilian telecoms company Oi. The petition was brought by the insolvency trustee of Oi Brasil Holdings Coöperatief U.A. (Coop), a Netherlands incorporated subsidiary of a Brazilian parent company Oi… Read More »2018-02-doc5 Bankr. S.D.N.Y. of December 7, 2017, on the Dutch Oi Brasil Cooperatief UA
Since the end of January 2018 the Law Library of the Leiden Law School holds one of the largest collections on insolvency (bankruptcy) law in Europe. A large portion of it contains the private library that I have been building up in over thirty years, since the early 1980s till 2016. From 2007 to 2014 I was a professor of… Read More »2018-01-12 Bob Wessels Insolvency Law Collection
I am saddened by the news that on 11 January Geoffrey C. Hazard, Jr., Emeritus Professor of Law at the University of Pennsylvania Law School, has passed away. He was, among many other things, also a Professor of Law at Yale, the University of Chicago, and the University of California, Berkeley. In the USA he was a leading figure in… Read More »2018-01-doc11 Passing away of Professor Hazard
The ‘rule in Gibbs’ is not well known on the European continent. In the English insolvency world, however, it’s a rule that can not be overlooked, and receives severe criticism. It goes back to over a century, but recently has kept laywyers in several parts of the world busy. The rule of Gibbs refers to the case of Gibbs &… Read More »2018-01-doc10 The rule in Gibbs
The NIKI Luftfahrt insolvency drama was close to a legal controversy, which would have had vast proportions, with a clash between two legal systems, from Germany and Austria, see blog/2018-01-doc7-comi-of-niki-luftfahrt-act-3. Reuters reports, however, that both appointed IPs (in the German insolvency proceedings Lucas Flöther, in the Austrian proceedings Ulla Reisch) have settled the legal dispute: ‘Airline Niki’s German and Austrian… Read More »2018-01-doc9 NIKI Luftfahrt Act 4