Insolvency, restructuring and WHOA

As an entrepreneur, you want your business to be successful and profitable. However, it can happen that the company faces financial problems.

This may lead to a situation where it can be foreseen that the business will no longer be able to meet its obligations in the short term, and even faces the threat of bankruptcy. Such a situation causes unrest with suppliers, employees, lenders and with the directors themselves.

However, it is often not too late and a reorganisation, restructuring of obligations, financing or offering a creditors’ agreement can avert bankruptcy.

Why choose us

The insolvency team at GMW lawyers can assist directors, shareholders and other parties involved with the company. From our experience as bankruptcy trustees, we have the knowledge and skills to quickly and decisively set up a rescue operation and to guide you in this. Moreover, we have knowledge of different markets. We do not avoid conversations with banks, forced creditors and other stakeholders.

If a restructuring is no longer possible, we will guide you in a controlled manner towards a suspension of payment or bankruptcy. We know exactly what opportunities and pitfalls there are for the company and what directors should and should not do.

In bankruptcies we assist takeover candidates with a restart. We assist parties who have disputes with the liquidator, such as directors or supervisory directors who are held liable. We also provide assistance with collateral security.

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.

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Financing & Securities

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

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Christiaan Mensink

Christiaan Mensink

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Janine van den Bemt

Janine van den Bemt

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Lucie Burggraaff

Lucie Burggraaff

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Mechteld van Veen-Oudenaarden

Mechteld van Veen-Oudenaarden

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Stephanie de Wit

Stephanie de Wit

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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.

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