Mr. M.E. ten Brinke

Analytical Attorney with a Sharp Pen

Marlieke is an enthusiastic, ambitious and analytical litigator. She gives 100% to every case she works on and will stop at nothing to deliver the best outcome for her clients. With a natural talent for getting to the bottom of a case, she can easily connect the dots and articulate positions in a clear and concise manner. “I relish the challenge of analyzing complex legal issues and putting that analysis on paper in a clear and convincing way. As litigator, I also want to do my share in helping develop the law.”

Specialist in Litigation and Insolvency Law

Marlieke received an honorable mention for her thesis on the options available to a buyer subject to retention of title. She has published articles about insolvency (procedural) law and, together with Thijs van Zanten, is the editor of two volumes of the Wessels series on Insolvency Law.

Professional Activities & Memberships

• Member, JIRA - Association for Young Insolvency Lawyers
• Member, VCCA - Dutch Association of Supreme Court Civil Litigation
• Member, VJP - Association of Young Litigation Lawyers

Academic Background

• Supreme Court Civil Litigation Law, postgraduate legal program, 2017, Leiden University
• Financial accounting certificate, 2013, UC Berkeley, California
• Private Law, cum laude, 2014, Utrecht University

Representative Practice

• Litigated before the Appellate Court of Arnhem-Leeuwarden a case seeking to determine whether a credit restriction by a bank could be attributed to the bankruptcy of a company and whether the bank could be held liable for the bankruptcy (ECLI:NL:GHARL:2020:4040, Bankruptcy Trustees Hakenberg et al. v. Rabobank).
• Litigated before the District Court of Central Netherlands a case seeking a court order to dismiss trustees (ECLI:NL:RBMNE:2019:4391, Applicants v. Bankruptcy Trustees Vidrea Retail).
• Litigated before the Appellate Court of Arnhem-Leeuwarden a case involving a foreclosure sale under retention of title pursuant to Section 3:251(2) of the Dutch Civil Code, which had been agreed between the pledgee, pledger and supplier (ECLI:NL:GHARL:2019:492, Rabobank v. Administrator).
• Represented a number of clients in various Supreme Court litigation cases. Please refer to the cases in our Supreme Court Litigation section.

BAR REGISTER OF LEGAL PRACTICE AREAS

Marlieke has registered the following principal (and secondary) legal practice areas in the Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister):

• Supreme Court litigation (Civil)
  
• Insolvency law

Based on this registration, she is required to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.