The passing of the Dutch Scheme legislation (WHOA) on 6 October 2020 marks the completion of a legislative process that was initiated long before the Covid-19 pandemic hit.Dutch law now includes a powerful restructuring tool that can help companies navigate the challenges they are currently facing, whether as a result of Covid-19 or otherwise.All stakeholders (including creditors, suppliers and customers) of companies availing themselves of the Dutch Scheme will be affected one way or the…

In the Netherlands, estate claims are immediately and directly enforceable against the bankrupt estate and are paid before ordinary unsecured claims. Until recently, the door to estate claims stood wide open. But after an April decision by the Dutch Supreme Court, this door remains open merely a crack.