News

Dutch Supreme Court confirms possibility to change the priority of rights of pledge (without releasing them)

On 9 April 2021, the Dutch Supreme Court has confirmed the possibility to change the priority of rights of pledge (pandrechten) in deviation of the prior tempore rule. A change to the priority of rights of mortgage (hypotheekrechten) (in relation to earlier vested rights of mortgage or rights in rem) is explicitly stated in the
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The first court rulings on the new Dutch Restructuring Act

Since 1 January 2021, a formal Dutch pre-insolvency arrangement is made available with the implementation of the Act on Court Confirmation of Extrajudicial Restructuring Plans (in Dutch: Wet Homologatie onderhands akkoord ter voorkoming van faillissement, “WHOA”), also known as the Dutch Scheme. It provides a restructuring tool to prevent insolvency of (partly) viable companies or
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