Insolvency law procedures
We are happy to assist you with advice or in procedures related to insolvency law. In practice, this often concerns the following situations:
- application of the Dutch Scheme of Arrangement (Act on the confirmation of a private plan, ‘Wet Homologatie Onderhands Akkoord’ or ‘WHOA’)
- suspension of payments
- bankruptcy
- pre-pack proceedings
In such situations, you may need advice or assistance in procedures, for example against the trustee in bankruptcy or administrator who holds you or your company liable. This may concern, for example, actions on grounds of director’s liability (‘bestuurdersaansprakelijkheid’) or actions based on the actio pauliana (directed against certain legal acts entered into by the debtor which are considered to be fraudulent vis-à-vis the creditors (‘faillisementspauliana’).
We can also advise you on or guide you through a restart transaction or a private restructuring (e.g. under the guidance of the bank).
