In this earlier article, you can read about the public WHOA process that Jurlights B.V. and Jurlights Holding B.V. started early this year. That agreement was approved by the North Holland court on 19 February last. Despite that, one creditor recently pressed ahead with its claim. One of Jurlights' creditors had started proceedings to collect a claim of over €7,000 well before the private agreement. That claim had also been recognised by Jurlights, but it was unable to pay it.
Insofar as the creditor seeks to obtain a judgment in these proceedings awarding the amount in excess of 16 per cent, there is no basis for such an award because the WHOA agreement constitutes a final discharge. The court therefore dismisses the claim.
Would you like to read the full judgment? You can do so here.
Then contact one of our WHOA specialists.