Legal Advice on Bankruptcy and Right of Retention

Questioner

My BV has gone bankrupt. And there is a debt to my accountant. I was a 50% shareholder and my brother the other 50% A trustee has been appointed to represent the creditors In addition, there was a holding company in which I have 100% shares. My brother also has a holding company in which he owns 100%. Now it is so that I want my pieces of the holding back because the annual statement has to be made. My current accountant does not want to make an annual statement because he wants the invoice of the BV to be paid first. Can he demand this?

Lawyer

If the holding company did not guarantee the debts of the operating company, the accountant has no claim on that holding company. He may therefore not invoke his right of retention and must hand over the holding company's documents to you immediately. If you want, I can send a letter to the accountant on your behalf to increase the pressure. Please feel free to contact me without obligation.