Investigation in the Netherlands, in and outside bankruptcy

Under Netherlands law, it makes a great difference whether an investigation into a debtor's doings and dealings, cash flows and/or specific capital assets is carried out by an individual creditor or by a trustee in bankruptcy. As will be explained below, a trustee has considerably more powers and options than a random creditor.

Since the position of the trustee may depend on the answer to the question whether – in his view – there is either a fraudulent act in respect of creditors or manifestly improper management, and since these two concepts in terms of Dutch law do not necessarily correspond to their counterparts in other legal systems, I will also briefly explain what these concepts mean in the Dutch legal system.

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Investigation in the Netherlands, in and outside bankruptcy

Auteurs

Bart de Man en Marcel Willems