You can be involved in a bankruptcy in two ways: the insolvency of your clients and debtors or of your own company.
If one of your debtors has declared bankruptcy, you can limit the negative consequences by arranging your affairs in advance, drawing up good general conditions and ensuring the prompt collection of debts, provisos of ownership, rights of pledge or other securities.
This way you can limit the damage you suffer if something goes wrong. It’s also important to act quickly after your debtor has declared bankruptcy. Actions may include appealing to a right of retention or levying execution against your right of pledge. If there’s a risk of insolvency in your own company, you can prevent or limit the consequences by restructuring, concluding an agreement with your creditors, refinancing or finding other solutions.
The lawyers in our bankruptcy department have many years of experience as liquidators. We know about the consequences of a bankruptcy better than anyone. By anticipating them we can improve your position.
We can assist you with negotiations with the liquidator, following the bankruptcy of your own company or that of a third party.
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.
Stephanie de Wit
Company law, Insolvency law, Real estate law, Tenancy law Read more about this lawyerGMW 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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14 October 2024
Protection of staff in relaunch from bankruptcy
A bankruptcy trustee spends much of his time on a possible restart of part of the company. Naturally, his estate has an interest in this. But so does the relaunching party itself.
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23 September 2024
WHOA functions to prevent bankruptcy of viable companies, but is less effective in reaching SMEs
Three years after the entry into force of the Court Approval of a Private Composition (Prevention of Insolvency) Act (Wet homologatie onderhands akkoord, WHOA), it has been evaluated by a joint research team from the Universities of Groningen and Leiden on the instructions of the House of Representatives.
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9 September 2024
Offsetting debts in Dutch WHOA proceedings
In Dutch WHOA proceedings, you may have to deal with creditors claiming set-off against amounts they still have to pay to you. Or vice versa: if your claim is involved in a restructuring under the rules of the Dutch WHOA Act, are you allowed to set off new payment obligations? How does that work during WHOA proceedings?
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1 July 2024
The Expedited Liquidation Transparency Act has entered into force
The Expedited Liquidation Transparency (Interim Measures) Act (Tijdelijke wet transparantie turboliquidatie) entered into force on 15 November 2023.
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22 May 2024
Collecting debts
Although the economy seems to be picking up, in practice many invoices remain unpaid. Should that be the case, you will obviously want to take action to recover the outstanding amounts quickly.
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15 April 2024
Please note: limits have been placed on expedited liquidations
An ‘expedited liquidation’ is a relatively quick and simple procedure to dissolve a legal entity. This changed on 15 November 2023.
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8 November 2023
Creditor in an expedited liquidation, now what?
By means of an expedited liquidation, referred to in practice as a ‘turbo liquidation’, a company is dissolved quickly if it no longer has any assets.
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16 January 2023
Digital accounting records in a bankruptcy
The Trustee in Bankruptcy (Further Measures) Act (Wet versterking positie curator) came into force on 1 July 2017.
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16 January 2023
Information about the bankruptcy of CamptooNL – January 2023
In the bankruptcy of CamptooNL B.V. (CamptooNL), the trustee has recently received many inquiries from users (renters and owners of campervan) of the online platform.
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