Glossary entry (derived from question below)
Dutch term or phrase:
dagvaarding in faillissement
English translation:
bankruptcy petition; E+W pre-insolvency statutory demand
Dutch term
dagvaarding in faillissement
or 'in faillissement wordt gedagvaard'
Thanks for any help
3 +1 | personal bankruptcy or corporate insolvency petition | Adrian MM. |
4 +7 | bankruptcy summons | Brian Quigley |
Nov 10, 2021 09:11: Adrian MM. Created KOG entry
Proposed translations
personal bankruptcy or corporate insolvency petition
'No need to look up the translation', but unclear whether a private individual, general partnership or corporation is on the receiving end: the asker's weblink suggests the first alternative.
BTW. Bankruptcy Summons is an Irish law term: see the first web ref. and is called a 'Statutory Demand' in England + Wales that can push a debtor into bankruptcy.
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Note added at 4 days (2021-11-10 09:21:52 GMT) Post-grading
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You're welcome. BTW, I worked for many years with the - ex- ECJ translator - co-authors of Muir Hunter QC on the Bankruptcy / Insolvency Law of England + Wales and called sequestration in Scotland https://www.sweetandmaxwell.co.uk/Product/Insolvency/Muir-Hu...
IE: A bankruptcy summons may be granted to a company or other body corporate upon the affidavit of the secretary, director or other person duly authorised. Detailed particulars of demand shall be endorsed upon or annexed to the bankruptcy summons.
BE: One or more creditors can file a petition for bankruptcy of the debtor in order to stop the accumulation of debts. The public prosecutor’s office can also file a petition for bankruptcy.
Thanks, bankruptcy petition (by someone else) best fits my context |
bankruptcy summons
Thanks for your help, in the end I believe bankruptcy petition best suits my context |
agree |
philgoddard
12 mins
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agree |
Edith Kelly
15 mins
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agree |
W Schouten
16 mins
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agree |
Tina Vonhof (X)
35 mins
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agree |
Kirsten Bodart
: Yes, bankruptcy is before a court, so it's a summons
39 mins
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agree |
writeaway
: Definitely a standard term. No need to look it up. Agree with Kirsten's explanation.
1 hr
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agree |
Cillie Swart
: Yes Definitely. Thanks !!
17 hrs
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Reference comments
diff between Belgian bankruptcy law and UK bankruptcy law
In Belgium, bankruptcy proceedings start with a 'dagvaarding' = summons, whereas in the UK they start with a petition = verzoekschrift. A copy of the petition must be served on the debtor (see my second ref).
I think asker is in the best position to decide which term will be best understood by the target audience of his text.
From what I've seen on the web, Adrian is right: 'bankruptcy summons' seems to refer to Irish law.
By the way, I do not understand Kirsten's explanation (sorry Kirsten) that 'bankruptcy is before a court, therefore it is a summons'. The difference between a dagvaarding (summons) and a verzoekschrift (petition) is that the former is addressed to the other party, whereas the latter is addressed to the court. However, both the 'dagvaardingsprocedure' and the 'verzoekschriftprocedure' are proceedings before a court.
https://www.citizensadvice.org.uk/debt-and-money/debt-soluti...
"Step 2: bankruptcy petition.
If you don't pay, negotiate a payment plan or get the statutory demand cancelled, the creditor will be able to apply for your bankruptcy by presenting a bankruptcy petition to the court.
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https://www.gov.uk/apply-to-bankrupt-someone
A bankruptcy petition is an application to the court for someone’s assets to be taken and sold to pay their debts.
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Belgische Faillissementswet http://www.ejustice.just.fgov.be/cgi_loi/change_lg_2.pl?lang... :
Art. 6. Onverminderd de bepalingen van de wet (...) geschiedt de faillietverklaring bij vonnis van de ondernemingsrechtbank waarbij de zaak aanhangig is gemaakt (...) op dagvaarding van een of meer schuldeisers, van het openbaar ministerie (...)
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In the UK, the term writ of summons has been replaced by 'claim form' and if I'm not mistaken, summonses are issued to start criminal proceedings.
https://uk.practicallaw.thomsonreuters.com/3-107-7346?transi...
Summons
In relation to criminal proceedings, a court order directing a defendant to appear before a magistrates' court made under section 97 of the Magistrates' Courts Act 1980.
In relation to civil proceedings, see Application notice.
Application notice
Formerly known as a summons. A document in which the applicant states their intention to seek a court order (see Civil Procedure Rule (CPR) 23.1).
Thanks! |
agree |
Barend van Zadelhoff
: This brings a lot of nuance to the issue.
4 hrs
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agree |
Adrian MM.
2 days 21 hrs
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agree |
Kitty Brussaard
: This goes to show that, more often than not, things are not as simple and straightforward in legal translation as they may seem :-)..
7 days
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Discussion
Please see my refs for additional info.