Insolvency & Restructuring


Insolvency law is becoming increasingly complex. Developments follow each other in rapid succession and Dutch insolvency proceedings are increasingly influenced by European legislation and regulations.

For all questions in the area of insolvency and restructuring, companies and their directors, creditors, financial institutions and other financiers can rely on the services of CMS.

We work if necessary with other offices of CMS around the world and provide you with truly international advice. Our insolvency and restructuring specialists pride themselves on many years of broad experience and are affiliated to a number of local and international associations for insolvency law. They are appointed as liquidators in involuntary liquidations and administrators for moratoriums and debt rescheduling arrangements.

CMS is involved in major national and international involuntary liquidations. We adopt a business attitude to work with you in achieving the most practical solution for your business.

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“Very dedicated team, top professionals, high standards, nice people to work with.”

IFLR1000, 2018

They are proactive thinkers; lawyers that think in solutions rather than problems.

IFLR1000, 2017

Regularly advises clients on multi-jurisdictional mandates both on the lender and debtor side, as well as representing funds bidding for non-performing loan portfolios. Known for its work assisting pension trustees and for its reputable insolvency administration practice.

Chambers Global, 2018

Multidisciplinary practice with particular expertise in administration work, frequently appointed by the courts as trustees in bankruptcies and liquidations.

Chambers Europe, 2018

"That team is a sensible and pragmatic team who seek engagement; they are a firm that I recommend and that I like to work with."

Chambers Europe, 2018

"High service level, availability and speedy follow-up both towards the client and within the team. They are proactive in identifying potential issues and pointing out the dos and don'ts."

Chambers Europe, 2017

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    In the event of involuntary liquidation or a possible relaunch, often assets need to be sold. In addition, matters such as debt collection, consultations with the banks on the enforcement of security interests, investigations into directors' and officers' liability, investigations into the background and causes of the involuntary liquidation and the takeover of any proceedings still pending all play a role. Our lawyers, acting as liquidators, can take care of all these matters. CMS is often asked to assist a company in its petition for involuntary liquidation, to act against the liquidator or to assist a company in its negotiations with the liquidator on the takeover of assets (a relaunch). We also specialize in this work and can rely on many years of practical experience and close involvement in large national and international involuntary liquidations.

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    Moratorium on payment

    The purpose of the moratorium on payments is to reschedule debts. Our lawyers are appointed as administrators in moratoriums. The administrator and the business owner have joint responsibility for the company and for ensuring that during the moratorium the company's debts can be paid. We have much experience in acting as administrators in moratorium cases.

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    When restructuring a company, sound advice and supervision is extremely important. CMS can help you with company reorganizations, such as in the form of financial survival scenarios in volatile times, the split-up of a company into viable and non-viable units to allow it to survive, refinancing operations in difficult times and assets/liabilities transactions.

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    Debt rescheduling is often granted as this gives natural persons the opportunity to settle their debts once and for all. The period of debt rescheduling is three years on average, during which the administrator maintains intensive contact with the person subject to the debt rescheduling arrangement.

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    June 2018
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