Insolvency and Restructuring
Insolvency law encompasses all the legal aspects involved when either natural persons or legal entities (i.e. companies) run into financial problems. These problems could concern involving debtors, but also customers, suppliers and perhaps even your own business. Similarly, you may be considering taking over (certain parts of) a business in distress. This may include property or goodwill like trade names, the insolvent company’s customer base, etc.
By taking precautions at an early stage, for example by seeking legal advice, reorganising your business or engaging the services of a mediator, you can prevent many problems and keep your business in a healthy financial state. If your own business has financial difficulties, you want to be advised on the restructuring and/or refinancing of your business to possibly avert bankruptcy. In the unlikely event that bankruptcy can no longer be averted, it is good to have someone guiding you through the process of applying for bankruptcy as well as the feasibility and desirability of a restart.
Whatever the situation may be, our experts will always be able to help you – either by providing customised advice or by representing you in court. Our lawyers are both experienced and highly competent receivers and administrators. They have extensive experience in all aspects of insolvency law. We work for large and small companies operating in both domestic and international markets. We are also in close contact with external specialists such as accountants, tax consultants and civil-law notaries. We can advise and guide you on the following issues:
- Assist and advise on the petition of bankruptcy, pre-pack administration and suspensions of payment;
- Strengthening your position by establishing and registration of, for example, a pledge or retention of title;
- Officers’ and director’s liability and fraudulent preference disputes (Paulian action);
- Assessing the possibilities of reaching a (compulsory) agreement or advise in the situation where you as a creditor are confronted with a compulsory agreement;
- Insolvency clauses in contracts;
- Handling discussions and/or negotiations with the trustee in bankruptcy;
- Company restart;
- Asset and/or liability transactions;
- Enforcement of securities;
- Restructuring of activities and debits;
- Reclaim property;
Many of our specialists- in addition to their advisory role in this area of law - are also appointed by the court as trustee in bankruptcy. Our trustees have successfully followed specialist training courses, including the Grotius training course and, through their membership of the insolvency association Insolad, are always aware of the latest developments in the field of insolvency and restructuring. By combining this knowledge with the extensive practical experience as a trustee, you will always receive the best advice for your company from our specialists.
As a lawyer and curator, I experience the problems entrepreneurs may encounter when running their company. When giving advice, I always keep the interests of my clients in mind. An entrepreneur wants a solution that is best from an economic point of view: as much revenue as possible, at the lowest possible cost. Being right after a lengthy and expensive procedure is not always covered by this.
That is why I give real and clear advice so that my clients immediately know where they stand. Is a claim enforceable and, if so, recoverable? What are the pitfalls? Which route should we follow and what are the costs? I can think and act quickly, which is often crucial, especially in (impending) bankruptcies. After all, a company in dire straits has to deal with many risks, and a company’s value can diminish in no time.
Sander has been active as a lawyer and curator since 2007. As a lawyer, he has extensive experience in the fields of property and contract law. This includes drawing up and assessing contracts, entering into and settling finances, and establishing and enforcing securities, such as guarantees, pledges, and mortgage rights. Sander also continuously assists shareholders in starting up and unbundling partnerships and advises on restructuring and acquisition.