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Blog 2013

2013-12-doc15 Toekomst van WSNP-bewindvoering in Nederland

Op 19 december j.l. sprak ik ter gelegenheid van het 10-jarig bestaan van de BBW (Beroepsvereniging Bewindvoerders WSNP) over de toekomst van WSNP-bewindvoering in Nederland. Ik heb enkele van de herijkingsvoorstellen van het Ministerie van Veiligheid en Justitie geanalyseerd, met als conclusie dat deze met betrekking tot deze vorm van bewindvoering onduidelijk of onvolledig zijn.2013-12-19 10 jaar BBW

2013-12-doc16 III Pize in International Insolvency Studies 2014

For the tenth time the International Insolvency Institute (III) is organising its Annual Competition for the III Prize in International Insolvency Studies.  I have been a co-chair of the Jury for the first seven years, and over the years, the Prize Competition has produced excellent research and analysis on international insolvency topics and comparative domestic insolvency topics.  Several of the Medal Winning papers (with other quality entries) have been published in the III’s publishing initiatives with West Publishing. The Jury this year is co-chaired by Professor Jay L. Westbrook (Austin, Texas), Professor Christoph Paulus (Berlin) and Professor Hon. Samuel L. Bufford (PennState). See for the prize-rules the attachments. III Prize in International Insolvency Studies 2014    II Prize - Terms and Conditions 2014

2013-12-doc14 NIEUW! Wessels Insolventierecht 4e druk

Purple will be the color of the ten volumes in my Dutch series on insolvency law Wessels Insolventierecht, which will be published in the coming years. In their first edition, published since 1999, the books were (sort of) grey. The second edition appeared in blue. Red was the color of the third edition (published from 2010 to 2012).  So, if you want to show you are fully up to speed purple is the way into a succesful professional future! 'Het akkoord' (Composition) just was published. Two other books in the 4th edition will be published soon.

2013-12-doc13 Glossary on Terms and Expressions in Insolvency Law

In cross-border communications, even in the special area of insolvency law, terms and expressions used often have a national-legal background. Many States and regional public institutions, international non-governmental organisations and practitioners’ associations have produced many laws, regulations, principles, guidelines and statements of best practices. All these forms of expressions aim for the better coordination of insolvency measures or proceedings concerning economic enterprises which have operations, assets, activities, debtors or creditors in more than one state. In several instances these laws, regulations and principles provide for a list of definitions or terms, employed frequently within the legal context within which they function. The reason is to try to reach a common means of communication required for conveying special subject information among experts. The Appendix (attached) aims to suport the development a uniform global legal terminology and therefore to assist legislators, insolvency practitioners and courts in their efforts of improving the components of their respective languages to facilitate and smoothen cross-border communication and coordination. Legislators may find this Appendix helpful in their efforts of creating or amending domestic rules relating to international insolvency. Glossary - Insolvency

2013-12-doc12 SIP 16 as example for future Dutch legislation

What in common language in the Netherlands is called ‘pre-pack’, is spreading like wildfire. Early July 2013 I was interviewed on Dutch TV about the pro’s and con’s of such prepacks. See Archive 2006-2013, document 2013-07-doc5, containing some of my preparatory notes. There I indicated the upcoming renewal of the English Statement of Insolvency Practice 16 (or: SIP 16). The renewed rules have come into effect on 1 November 2013. Core of the new rule is that insolvency administrator should be transparent in every aspect of an pre-pack administration sales. He or she should give a clear, full and timely (7 day notification limit) statement. SIP 16 also contains pre- and other post-appointment duties. In the Netherlands a consultation has been launched in October, open till mid January 2014, on the draft for an Act on the Continuity of Businesses (WCO I), suggesting the establishment in the Dutch Bankruptcy Act of a (sort of) pre-pack proceeding. Curiously, the draft does not contain a duty for the administrator to report afterwards, but in the Explanation it is foreseen that the informal group of supervisory-judges in insolvency (Recofa) will set (binding?) guidelines. Put aside the weak legal basis of the duty to report, it seems clear that Recofa should take a look at SIP 16. SIP 16 - 1 November 2013