Timely and effective action

It has been a number of years since the collapse of the merchant bank Lehman Brothers precipitated the banking crisis. Since then, there has been great uncertainty, which has further increased due to the European debt crisis. The Dutch Minster of Finance Jan Kees de Jager has predicted tough times for the economy in the year ahead. When presenting the Budget Memorandum on 20 September 2011, he said: "The Netherlands is preparing for a gathering storm. The threat is great and there's lots going on in the global economy and the eurozone. We need to brace ourselves to weather the storm."

Commitment combined with financial and economic expertise

At times of impending financial crisis, it is important to take timely and effective action. In such cases, you can rely on the expertise and reputation of our Corporate restructuring & Insolvency department.

DVDW Advocaten keeps a close eye on legal and economic developments and is experienced in dealing with extensive bankruptcies and financial problems, from the perspective of a committed, closely involved financial and legal expert. By keeping up-to-date with developments in various sectors, we know exactly what challenges people face in these tough economic times. We also see matters from a range of perspectives, as we act for banks, management boards, shareholders, supervisory directors, creditors, security holders, bankruptcy trustees and administrators.

Benefit from our expertise

Restructuring

• Financial rescue operations for companies in difficulty
• Providing legal advice and assistance to directors, shareholders and supervisory directors regarding the strategy to pursue when facing financial problems
• Advising other stakeholders, such as security holders, employees and creditors, when their company faces financial problems
• Reorganisations
• Assistance with transactions intended to avoid insolvency risks
• Assistance with offering compositions to creditors, including private compositions
• Advising on and drafting contracts regarding security rights, including pledge and mortgage rights, guarantees, suretyships, retention rights and retention of title, as well as the enforcement thereof
• Group liability
• Suretyship, guarantees by parent companies of their subsidiaries' liabilities, recourse and subrogation issues
• Advising and litigating on credit facilities and the cancellation of such facilities

Insolvency

• The appointment of bankruptcy trustees and administrators
• Preparatory work for moratoriums on payment and bankruptcies
• Prejudice to creditors
• Advising and litigating on preferential rights of tax authorities (attachment of property on premises)
• Liquidation and winding up of legal entities
• Company relaunches and acquisitions before and after bankruptcy or a moratorium on payments
• Legal position in the context of bankruptcy and otherwise
• Legal position in the context of a moratorium on payments
• Rescue plans to avert bankruptcy
• Debt set-off
• Selective payment of creditors
• Advising and litigating on debt set-off in the context of bankruptcy or a moratorium on payments
• Submission of claims in the context of bankruptcy or a moratorium on payments, assistance for creditors when claims are disputed (claim validation proceedings)
• Assisting works councils and employee organisations in the event of bankruptcy or a moratorium on payments
• Liability of directors, supervisory directors and shareholders in connection with bankruptcy