Companies in Financial Distress

When a company encounters financial difficulties, its continuity often comes under immediate pressure.

Liquidity problems, mounting debts, payment arrears or conflicts with financiers and creditors can quickly lead to an impending bankruptcy. At this stage, timely and expert legal advice is crucial.

Our lawyers assist SMEs, managing directors/shareholders (DGA’s), directors, shareholders and creditors in situations involving financial distress. We help clients make decisions aimed at preserving value and ensuring continuity, and we act decisively where necessary.

What we do for you

We advise and assist, among other things, in:

Financial difficulties and restructuring

• analysing the company’s financial and legal position;
• advising on restructuring scenarios and refinancing options;
• guiding WHOA restructuring proceedings and other measures aimed at preventing bankruptcy.

(Impending) bankruptcy and business restart

• assisting with bankruptcy proceedings and strategies to prevent bankruptcy;
• advising on and guiding business restarts and the sale of (parts of) a company;
• safeguarding the interests of directors and shareholders during this phase.

Directors’ and shareholders’ position

• advising on the legal position and potential liability of directors and shareholders;
• assisting in matters concerning mismanagement and directors’ liability.

Bankruptcy and creditors’ interests

• assisting creditors of (nearly) insolvent companies;
• advising on securing rights and maximising recovery options;
• establishing, enforcing and realising securities, such as pledges, retention of title, guarantees and rights of retention.

Trustee experience as added value

An important part of our practice is acting as court-appointed trustees in bankruptcy proceedings. This experience in administering bankruptcies and supervising management and the bankruptcy estate provides clear added value in our advisory work.

From practice, we understand:

• how trustees act and make strategic decisions;
• which choices are decisive in insolvency situations;
• where the risks — and opportunities — lie for directors, shareholders and creditors.

We use this knowledge to provide realistic and strategic advice, particularly at moments when pressure is high and interests are significant.

Who we act for

• SMEs and managing directors/shareholders facing financial difficulties;
• directors and shareholders confronted with impending insolvency;
• creditors seeking to safeguard their position where a debtor is in financial distress.

Our approach is pragmatic and practical. We bring clarity to complex situations, identify risks at an early stage and assist in making decisions that are sound both legally and in practice.