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As credit management organization we like to keep you informed about all ins and outs of the course. We would like to inform you about the application for bankruptcy as a means of pressure to come to collection.
The question that arises is whether a French company (a grape grower) that has already been dissolved can be declared bankrupt by the Dutch court. The company had already been dissolved, with which it had ceased to exist under French law. In doing so, the court ruled that, with reference to the European Insolvency Regulation, this application could be tried in the Netherlands because most cases of the grape nursery took place in the Netherlands.
Have the bankruptcy declared in Debt Collection Netherlands
The Dutch law indicates that a bankruptcy order may take place with a company that has already been dissolved. However, this is only the case if it has been found that the bankruptcy of the applicant has enough facts to show that there will be enough proceeds from this bankruptcy and summarily shows that there are several creditors.
The court of appeal first checked whether the grape nursery in the Netherlands is subject to corporation tax. This was the case. If this is the case, the liability for foreign directors and supervisory directors in the bankruptcy applies (On the basis of artikel 10 : 121 BW ).
Because the shares of the company in question were not fully paid up, driver liability was therefore promising and its benefits in case of bankruptcy are also real.
Judgment of the judge
The judge found the grape grower bankrupt in the Netherlands, despite the fact that he had already ceased to exist under French law. As a result, a bankruptcy trustee will be appointed who will attempt to hold the directors personally liable. This creates an opportunity for injured creditors to get their invoices paid.
Legal advice at the Invorderingsbedrijf B.V. |Debt Collection Netherlands
Do you want to know what evidence you need for a case like this? We would like to refer you to our legal department which can be reached 5 days a week from 9:00 am to 4:30 pm at 070 762 0330 .