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2019-06-doc1 Soft law instrumentst in insolvency/restructuring law

Soft law instruments are increasingly prevalent in the area of procedural and substantive restructuring and insolvency law. These instruments, all embodied in legally non-binding texts, originate from so-called standard-setting organisations, such as the United Nations Commission on International Trade Law (UNCITRAL) Working Group V (Insolvency) and the World Bank, as well as mainly insolvency practitioners’ organisations, such as INSOL International… Read More »2019-06-doc1 Soft law instrumentst in insolvency/restructuring law

2019-05-doc4 Singapore Zetta Jet case: COMI as an elastic ball

In this contribution, Leiden PhD researcher Ilya Kokorin and I, seek to revisit the Zetta Jet case, as was decided on 4 March 2019 by the High Court of Singapore (Justice Aedit Abdullah) (Re: Zetta Jet Ptd and others (Asia Aviation Holding Pte Ltd, intervener) [2019] SGHC 53 (Zetta Jet)). We highlight what we see as its major significance, namely… Read More »2019-05-doc4 Singapore Zetta Jet case: COMI as an elastic ball

2019-05-doc2 Soft law restructuring and insolvency instruments

With Gert-Jan Boon, PhD researcher and lecurer at Leiden University, I wrote ‘Soft law instruments in restructuring and insolvency law: exploring its rise and impact, published in the TvOB (Law review on company law and corporate governmant and management, published by Paris publishers in the Netherlands) 2019, nr. 2 (May 2019). In our aticle we provided an overview of the… Read More »2019-05-doc2 Soft law restructuring and insolvency instruments

2019-04-doc6 Restructurings and workouts

In less than a decade, the topic of restructuring and workout has risen to the top of the legislative agenda of many countries, in the EU and beyond. In the same period insolvency practice has gradually grown into its renewed role: understanding the diversity in creditors’ interests, to think (allow me) outside the narrow box of insolvency liquidation and get… Read More »2019-04-doc6 Restructurings and workouts

2019-04-doc5 Turnaround Management

A decade ago, none of us could have imagined just how much business and economic dimensions we would see in the restructuring and insolvency industry world of today. It may be bad news for the companies affected; however, we could not have imagined the creativity and dedication of schol­ars and practitioners in the field in presenting broader perspectives and leg­islation… Read More »2019-04-doc5 Turnaround Management

2019-04-doc2 pre-insolvency proceedings

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

2019-04-doc1 Did you say money?

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?

2019-03-doc13 Looking for Rembrandt

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

2019-03-doc12 Insolvency practitioners and Privacy codes

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

2019-03-doc10 The full version of my reply to professor De Weijs et al

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