2022年4月28日
R&I update – May 2022 – 2 / 4 观点
Dutch insolvency law distinguishes between three main categories of creditor claims:
Creditors with non-verifiable claims seldom receive payment on their claims.
Estate claims however are immediately and directly enforceable against the bankrupt estate and are paid before ordinary unsecured verifiable claims. Creditors with estate claims are more likely to receive payment on their claims.
Since April 2013, the Dutch Supreme Court has held that estate claims arise in three cases:
Although these criteria seem clear, questions remain. When the debtor is a tenant and the trustee terminates the lease agreement it is clear that the rent over the notice period is an estate claim (art. 39 Dutch Bankruptcy Act). But what about interest over the notice period? In a recent case, the Supreme Court held that both statutory interest and contractual default interest should be regarded as estate claims.
Quite often landlords do not realise that they can also submit interest claims over the notice period as an estate claim, but now the Supreme Court has provided clarity - landlords can claim both rent and interest over the notice period as an estate claim.
Available in English and Dutch