Insolvency, restructuring and WHOA

A company can get into financial difficulties. This may be due to a liquidity squeeze, or because it has taken on too much debt. A company may also have to deal with another company in difficulty, for example when supplying or collaborating with it, or with an administrator in the event of bankruptcy. These are often legally complex situations that require the advice of a lawyer.

What can we do for you?

Our insolvency team has successfully helped many companies with reorganisation, debt restructuring and financing. Or by offering a (WHOA) creditors’ agreement. But also when the company has to deal with another company in distress. We make sure that your interests are protected. Or by organising a rescue operation quickly and decisively. If restructuring is not an option, we will take the company into bankruptcy in a controlled manner and help to revive the viable parts of the business.

Our clients

We help companies in financial trouble. And parties facing them. Or who have to deal with an administrator. For example, the director who is being sued for directors’ liability, the takeover candidate who wants to restart the business, the supplier who wants to retain title to goods, or the pledgee who wants to enforce his security.

The lawyers in our insolvency team have extensive experience as court-appointed insolvency practitioners. They know exactly what is involved. The knowledge and experience they have gained as a result is put to good use for clients.

The team includes experienced and knowledgeable WHOA lawyers who have been involved in many successful WHOA transactions of Dutch companies. These include the hospitality, finance, wholesale, leisure and retail sectors. We also act for suppliers and shareholders involved in a WHOA.

GMW lawyers assists entrepreneurs, directors, supervisory directors, shareholders, financiers, trade creditors and employees, and advise and litigate on matters such as:

  • Bank guarantees
  • Bankruptcy fraud
  • Bankruptcy pauliana and settlement
  • Cancellation of (bank) loans and (re) financing
  • Creditors’ agreement
  • Directors’ liability, liability of supervisory directors and corporate liability
  • Disputes with a trustee
  • Foreclosure of collateral, such as lien and mortgage rights, guarantees and bank guarantees
  • Homologation Private Contract Agreement (WHOA)
  • Notification of payment inability and soil (privilege)
  • Payment suspension
  • Pre-pack / Silent administration
  • Reorganisation
  • Resistance and appeal against a declaration of bankruptcy
  • Restart
  • Restructuring of debts and activities
  • Retention of title, right of complaint and right of retention
  • Request for bankruptcy
  • Risk analysis for directors, supervisory directors and / or shareholders in the event of bankruptcy
  • Special management

More information

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.


Facing financial problems? Learn how we can help you avert bankruptcy, restart, reorganise, analyse risk and manage liability.

Read more >

Financing & Securities

Discover how we help entrepreneurs, investors, shareholders and financiers to select the best form of financing or restructuring.

Read more >


Christiaan Mensink

Christiaan Mensink

Read more about this lawyer
Janine van den Bemt

Janine van den Bemt

Read more about this lawyer
Lucie Burggraaff

Lucie Burggraaff

Read more about this lawyer
Mechteld van Veen-Oudenaarden

Mechteld van Veen-Oudenaarden

Read more about this lawyer
Stephanie de Wit

Stephanie de Wit

Read more about this lawyer

Are you looking for an insolvency lawyer in The Hague?

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