Recovery by receiver of payment by transfer; a simplification of the prevailing rule of law

Legal news

A receiver is authorised to recover a payment by the person who is about to become insolvent if the payment instruction was given on the day before the liquidation order and the creditor’s bank account was credited on the day of the liquidation order. This follows from the ruling of the Dutch Supreme Court of 20 March 2015, ECLI:NL:HR:2015:689 (JPR/Gunning in his capacity as such). With this ruling, the Supreme Court tightened its rule of law in the ruling of 31 March 1989, NJ 1990/1 (Vis in his capacity as such/NMB).