Insolvency Law

Legal advice Dutch insolvency law or bankruptcy

The consequences of bankruptcy are significant. Not only for the company that is experiencing difficulties, but the director, the creditors, the finance providers and shareholders also find themselves in a place they would prefer not to be. For all parties involved in the bankruptcy, clarity can avoid a lot of unease on many different levels. As the Dutch court frequently appoints a number of our lawyers as liquidators and administrators, they are very well placed as a sounding board. They can also assist our clients in legal disputes that occur or threaten to occur and are happy to give legal advice about Dutch insolvency law. In the event of an impending bankruptcy, our lawyers can also advise you to safeguard your interests, because our lawyers also know how liquidators work and think.

In search for legal assistance in case of a Dutch bankruptcy? Legal advice from our lawyer

It isn’t only Dutch businesses that are sometimes faced with unpleasant surprises in the event of  bankruptcy. For foreign businesses too that are involved as a shareholder, director, creditor or finance provider with a Dutch bankruptcy, risks that are sometimes unforeseen can materialise because the bankruptcy law of their countries differs to bankruptcy under Dutch law. Each lawyer of RST advocaten also assists foreign businesses that are involved with a Dutch bankruptcy, for example with legal advice about:

• Applying for bankruptcy as a creditor
• Setting up financing structures with financial guarantees or securities
• Protection against bankruptcy (security, mortgage, right of pledge, lien)
• Legal advice in the event of the (imminent) bankruptcy of a Dutch subsidiary
• Restructuring of debts to prevent a bankruptcy of a Dutch subsidiary
• Transaction of assets in the event of (immenent) bankruptcy or the purchase of a company in insolvency
• Relaunch or restart in case of an (imminent) bankruptcy
• Rental or lease and bankruptcy
• Directors’ liability in the event of bankruptcy
• Holding the liquidator/trustee liable/initiating legal proceedings against the liquidator/trustee?
• Complaint about the liquidator/trustee
• How to influence a Dutch bankruptcy
• Fraudulent acts in respect of creditors
• Doing business with a company threatened with insolvency; what is and what is not permissible?
• Retention of title and bankruptcy
• Right of recovery of goods in a Dutch bankruptcy
• Right of retention
• Pledges and mortgage rights (establishment and enforcement)
• Submitting a claim in the bankruptcy and monitoring the progress of the bankruptcy.
• Advice relating to an arrangement/agreement offered by a debtor in a bankruptcy.

Are you threatened as a foreign party by a (possible) bankruptcy in the Netherlands? Our lawyers would like to give you legal advice about Dutch insolvency law and the risks involving a Dutch bankruptcy to bring you peace of mind.

Legal advice in case of a Dutch bankruptcy when fraud has been committed or director’s liability?

If because of bankruptcy your claim can no longer be recovered from the bankrupt company. However Dutch law often offers sufficient opportunities for you to recover your claim if necessary from the director if there has been unlawful conduct or fraud. Our lawyers would be happy to tackle this challenge for you and advise you about the chances of success and, if necessary, can litigate on your behalf. In doing so, we are also supported by the right experts, such as a forensic investigator and accountants.

Team:

• Ernst (P.E.) Butterman, advocaat/curator
• Corine (C.A.) Mascini, advocaat/curator
• Hendrich (H.A.). Seferina, advocaat
• Ilja (I.M.) de Meersseman, bewindvoerder WSNP/curator
• Francoise (F.C.S.L) Tai, faillissementsmedewerkster