When a creditor seeks to force a debtor into bankruptcy, the law offers a powerful tool - but one that can backfire. This article explores how Luxembourg courts scrutinise such petitions, emphasizing that while creditors may use bankruptcy threats to recover debts, they must tread carefully. If the debtor raises serious objections or the claim isn’t clear-cut, the tables can turn: creditors risk legal costs, damages, and even liability for abusive litigation. Recent case law highlights the need for solid evidence and warns that a poorly prepared bankruptcy action may do more harm than good.
Discover the strategic and legal pitfalls that make this remedy both formidable and fraught with danger by reading the full version of the article authored by Bertrand Guittet and published by Jurisnews. Don’t hesitate to reach out to our expert if you have any questions.
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