Restructuring & Insolvency

Especially in times of economic uncertainty, your company or financial institution may at some point encounter a customer or supplier facing financial difficulties. When this happens, you will likely require immediate action to mitigate the risks and consequences as much as possible. In such circumstances, our specialised Restructuring & Insolvency lawyers are well-placed to advise and, if necessary, litigate on your behalf.

Likewise, if the financial position of your own company deteriorates, you may wish to investigate the posisbilities and risks involved as a matter of urgency. This could avoid bankruptcy through a restructuring, reorganisation or refinancing. If however, a bankruptcy is inevitable and managers run the risk of personal liability, you may wish to obtain legal advice.

The Restructuring & Insolvency team at Rutgers & Posch advises on and litigates:

  • the Dutch Scheme of Arrangement (WHOA)
  • Waivers & amendments
  • Refinancing
  • Acceleration
  • Imminent insolvency
  • Director liability
  • Group liability
  • Collateral (pledge, mortgage and retained title)
  • Fraudulent conveyance
  • Set-off
  • Applications for bankruptcy or suspension of payments
  • Corporate rescue or so-called “prepacks”