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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

2019-03-doc2 No-action clause in Brazil Oi case

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

2019-03-doc1 PhD Workshop European/International insolvency law

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

2019-02-doc8 Principles of Corporate Insolvency Law, 5th ed.

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.

2019-02-doc4 Cross-border insolvency law in Argentina

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

2019-01-doc3 Modified universalism in European cross-border insolvency?

In legal theory, the regulation of cross-border insolvency is dealt with from two different angles. Under the universalist approach, cross-border insolvencies are administered pursuant to a single global insolvency regime. All of the debtor’s assets are distributed by a single insolvency office holder, regardless where the assets or claimants are located. The ideal of universalism is one court, one law… Read More »2019-01-doc3 Modified universalism in European cross-border insolvency?