PhD research Inge Bakker: De afwikkeling van een negatieve boedel

Duration
2022 until 2028
Project member(s)
I.E.J. Bakker (Inge)
Project type
Research

Inge Bakker is working on a dissertation with the working title 'De afwikkeling van de negatieve boedel'.

The negative estate is a common phenomenon. We speak of a negative estate when there are insufficient assets in the bankruptcy estate to satisfy estate creditors. It is assumed that bankruptcy with a negative estate has become the normal type of bankruptcy over time. Despite the large number of negative estates, there is no regulation for the settlement of a negative estate in our Bankruptcy Act in force since 1896. For the settlement of a positive estate, however, the Bankruptcy Act does contain a comprehensive regulation. The lack of a legal framework for the settlement of a negative estate presents several challenges to trustees. This study focuses on those challenges and aims to provide insight into how a negative estate should be settled. 

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