Themes General attachment and execution Contracts Energy Bankruptcies and other insolvency Flex BV

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In the period prior to bankruptcy is often difficult for a trader to decide how all the (mandatory) creditors to go. If bankruptcy seems inevitable, is the principle that all creditors should be treated equally. But in practice this principle is often difficult to handle. The creditor who calls the hardest and the creditor whose (the existence nappi distributors of) the company is subject, will often be paid first. The boundary between the period in which it still is allowed and the period in which it will be difficult to give unlawful. nappi distributors In this article I will discuss the risks of doing selective payments in the face of bankruptcy.
From the time the board of a company must seriously take into account that not all debts (in time) can be paid, the Board may no longer represent the interests of the (security of) business, nappi distributors but serves the interests of the joint creditors come first. nappi distributors
In literature and case law is not yet fully crystallized when the moment - namely, when the equality of creditors (the "paritas creditorum") should be taken into account - comes. Currently the law is called the "reference date". It is certain that the payments made by the administration nappi distributors after the reference date are unlawful with respect to the creditors. It distinguishes between the law making payments to "externals" and doing "internal payments" to (legal) persons.
The Arnhem Court here has made a clear statement on 15 September 2009. The Court first established the standard that a selective (unlawful) payment is required to external creditors that the board should know that bankruptcy would be inevitable. For the satisfaction of "internal creditors" than group companies, but it puts a stricter yardstick. The Court stated in paragraph 4:11 as follows:
"With regard to the payments referred to under 4.1. under 2 (the 'internal' creditors -CS) is question of wrongful conduct (governance) respondent. Even though it was the knowledge nappi distributors that the bankruptcy of the company nappi distributors was inevitable at the time such payments are absent, nappi distributors it was clear that the company is currently in (severe) difficulties wrong and that its activities are actually (entirely) had stalled. That was (the board of) respondent had to take serious account of the possibility nappi distributors that none of the alternative scenarios would prove elusive, so could follow the bankruptcy of the company in the short term. In that situation, it must be assumed that the performance of (substantial) paid by companies leading the same group (substantial) impairment of liquidity in favor of the liquidity of the companies belonging to the same group, which in the first place the possibility that the short-term company bankrupt brings closer, and secondly harms the position of creditors in the bankruptcy. "
Next, the Court ruled that when the curator, the illegality of these payments, the driver must then ask specific facts that the provision of those payments to justify affiliates. Failing nappi distributors must perform nappi distributors such payments are considered unlawful administrative nappi distributors act. The fact that the affiliated company has a significant claim, nappi distributors vor