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Insolvency Law

Solutions to difficult problems

Insolvency law encompasses all the legal aspects involved when either natural persons or legal entities (i.e. companies) get into financial difficulty. In other words, it could concern problems involving debtors, but equally customers, suppliers and perhaps even your own business. Similarly, you may be considering taking over a business in distress. Taking steps at an early stage, whether by seeking legal advice, reorganising your business or engaging the services of a mediator, can prevent many problems and help keep your business in a healthy financial state. Whatever the situation, our specialists are ready to help – either by advising you or by representing you in court. After all, there is a great deal at stake, calling for a rapid and inventive response.

What can we do for you?

Experience

Our lawyers are both experienced and highly competent receivers and administrators. They have wide experience in all aspects of liquidation, from bankruptcy and the suspension of payments to undisclosed administration and pre-pack deals, and can advise you quickly and effectively on which course of action to take. 

Advice and assistance 

We deliver customised advice in situations where financial problems are imminent. We can supply you with the best possible solutions to problems involving loans, negotiations with banks, the enforcement of collateral and corporate reorganisations. We can also offer you advice and assistance if you are planning to relaunch your business in the wake of financial problems. Our advice is both legally watertight and in line with the interests of your business.

Our lawyers specialise in drafting contracts to safeguard or strengthen your personal and business position. This may involve dealing with problems affecting the liability of group companies, shareholder issues and the issue of statements in which a parent company accepts liability for a subsidiary’s debts. We can also advise on cases of insolvency fraud and on the liability of company directors. If necessary, we will litigate on your behalf or represent you in negotiations with a receiver.

Litigation

We have built up an impressive track record in litigating on matters relating to insolvency law, from cases involving the liability of company directors or the possible prejudicing of creditors to loans and the enforcement of collateral. We act both on behalf of and against receivers, banks and company directors. For example:

Debt collection

If your debtors or customers get into financial difficulty, you need to take effective action and you need to take it quickly. Our lawyers are there to advise you, collect your debts and safeguard your interests, if necessary by filing for bankruptcy or instigating proceedings.

Who do we work for?

We work for large and small companies operating in both domestic and international markets. We are also in close contact with external specialists such as accountants, tax consultants and civil-law notaries.

International

We have a growing international network of contacts. One of our lawyers, Mark Aukema, is an active member of INSOL International (the International Association of Restructuring, Insolvency & Bankruptcy Professionals, of which he is a former executive committee member) and INSOL Europe. 

Why choose RWV Advocaten?

We have a large Insolvency Practice Group with a wealth of experience and expertise. Thanks to its close ties with our other Practice Groups and our in-house debt collection department, we can deliver a high-quality service at short notice. Our aim is to solve your legal problems effectively and quickly. We like to work informally and in close cooperation with our clients, taking their interests as our starting point. We aim to go the extra mile, every time.

Many members of our Practice Group are also members of INSOLAD, the Dutch Association of Insolvency Practitioners, and lecture both on in-house courses and for outside training institutes.

© 2017 RWV