Tags: Insolvency and Restructuring

December 17, 2021

No automatic liability for directors who do not ring the alarm bell

On 16 September 2021, the Antwerp Court of Appeal ruled on the liability of the directors of a company that did not respect the so-called ‘alarm bell procedure’.

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March 4, 2020

Limits to privileged claims

A company (debtor) involved in reorganisation proceedings is in principle not protected against new claims that originate after the reorganisation proceedings have been opened.

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December 13, 2019

Clawback: chasing assets

This article reflects on some of the options offered under Belgian law by the actio pauliana, commonly referred to in English as the ‘clawback’ rules.

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October 18, 2019

Effect of EU preventive restructuring directive on Belgian insolvency framework

On 31 January 2009 the Belgian Business Continuity Act (BCA) was passed into law. The BCA’sobjective is to protect companies in financial difficulty from their creditors so that a reorganisation process can take place and bankruptcy can be avoided.

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April 23, 2019

Licence to contract – licence agreements and insolvency law

In an insolvency situation, the fate of ongoing contracts is something to be discussed. Such contracts are often closely linked to the essence of a company’s business.

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February 5, 2018

Stricter scrutiny of inactive companies

The legislature recently took steps to improve the follow-up monitoring of companies in financial difficulty and strengthen the fight against inactive companies.

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