English

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 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

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

After completion of submissions on the fourth day of the second court hearing, on 14 July 2017, the Australian Supreme Court New South Wales (In the matter of Boart Longyear Limited (No 2) [2017] NSWSC 1105) adjourned the hearing for 14 days to allow the opportunity for satisfaction of an important condition precedent relating to a party involved, which was… Read More »2018-01-doc8 Mediation in corporate restructuring proceedings?