8 October 2025
Insolvency, Finance & Collateral: case law alerts
In this article, we explain the importance of properly documenting claims secured by pledges and mortgages.
Read more
Sometimes, businesses still encounter financial problems due to old debts.
But these businesses don’t always have to go bankrupt.
In these cases, a creditor’s agreement can offer a solution. A successful restructuring of the debts will enable the business to continue running and become profitable again. Although the creditors are only paid part of their claim, this method enables them to retain the client. Furthermore, in the case of a bankruptcy, creditors often end up with even less, since the liquidator must be paid first. Therefore these agreements can be a good solution for all parties involved.
In a creditor’s agreement, the debtor offers to pay all his creditors a certain percentage of the claim.
In principle a creditor’s agreement is no more than an agreement between the debtor and the creditors. If one or more creditors does not wish to cooperate it is not possible to create an agreement. The bill for the Continuity of Enterprises Act II is a bill which is aimed at providing a legal basis for these sorts of peremptory agreements.
Creditors will obviously never be happy when offered an agreement. It is often necessary to convince them to get them on board. In addition, it is important that the offer is better than bankruptcy.
Seeking advice is a good idea, both for the debtor who wants to offer an agreement and for a creditor who is asked to cooperate.
GMW lawyers will be happy to help you with all your insolvency and restructuring issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our insolvency lawyers will be glad to support and advise you.
GMW lawyers will be happy to help you with all your insolvency and restructuring issues. Do you have a question? Feel free to contact us.
"*" indicates required fields
8 October 2025
Insolvency, Finance & Collateral: case law alerts
In this article, we explain the importance of properly documenting claims secured by pledges and mortgages.
Read more
22 September 2025
Tax aspects of WHOA arrangements
The Dutch Act on Court Approval of Private Restructuring Plans (WHOA) offers companies in financial distress the opportunity to reach an agreement with creditors outside of formal insolvency.
Read more
3 September 2025
What to do as a creditor in a bankruptcy?
What you can do as a creditor in the event of a bankruptcy: from your rights and options to the role of the trustee and supervisory judge, and the ways in which a bankruptcy can be concluded.
Read more
15 July 2025
Termination of financing by the bank: once again it comes down to reasonableness and fairness
The District Court of Limburg recently issued a judgment on the immediate termination of a credit agreement.
Read more
25 June 2025
The most difficult period for directors
It’s a situation no director likes to think about: the realisation that their company may not survive. Although this can be an emotionally challenging time, as a director you must also consider your new obligations.
Read more
2 June 2025
Can you start legal proceedings for €0,01?
On 26 November 2024, the Rotterdam District Court ruled on a case involving an amount of €0,01. Despite the minimal value, the court decided that there was insufficient interest to proceed. This judgment highlights the principle that a claimant must have sufficient interest to initiate legal proceedings.
Read more
14 May 2025
Directors’ Liability in a Start-up
There are more and more start-ups emerging, some of which unfortunately fail and go bankrupt. But how does directors’ liability apply to start-ups?
Read more
9 April 2025
Understanding a contract
Every entrepreneur benefits from clear and enforceable agreements. But how should you assess a contract in general? Is there a step-by-step approach you can follow? In this blog, we share some tips to help you quickly understand and draft contracts.
Read more
7 April 2025
Security rights in bankruptcy: the right of reclamation
It is common for a supplier to deliver goods to a customer without requiring immediate payment. In doing so, the supplier runs the risk that the customer will not pay or may even be declared bankrupt.
Read more