Insolvency and Restructuring

Steven Wiggers
Adriaan Stoop
Caspar Scholten

A company may have to deal with declining asset value and/or increasing debt. This often leads to tense relationships with various stakeholders (such as creditors, regulators, customers and/or employees). Under the threat of insolvency, it is important to seek sound advice about the position of the company. Moreover, (legal) measures are often necessary to safeguard the continuity of the company. The position of the officers (Directors, Supervisory Board members) – towards the company and among themselves – often requires extra attention in order to avoid liability. A company may also have to deal with an opposing party (customer, supplier, etc.) that becomes insolvent or is declared bankrupt. Safeguarding the interests of the company should then be given priority.

Bergh Stoop & Sanders advises and litigates for parties that are confronted with the above scenarios. In doing so, efficiency and the commercial interest of the entrepreneur are paramount.

The following subjects, among others, are part of our services:

• Bankruptcy and suspension of payments requests
• Restructuring to prevent bankruptcy
• Restart of an insolvent company
• Liability in connection with bankruptcy (of directors, members of the Supervisory Board, etc.)
• Disputes concerning payments and delivered goods and services in connection with insolvency/bankruptcy
• Creditors compositions
• Retention of title / right of reclaim
• Establishment and enforcement of security rights, such as pledges, mortgages, guarantees and sureties