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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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‘Marcel Groenewegen is very experienced and has thorough knowledge of the restructuring and insolvency business in the Netherlands‘.

The Legal 500 EMEA, 2020

Delicate and sensitive way of dealing with tension.

Chambers Europe, 2020

They take a firm stand on their position and I was really impressed with the calm manner in which they act.

Chambers Europe, 2020

"Combines skilled teams across its CEE branches with strong capabilities in the UK, Spain, Germany, Netherlands and Portugal."

Chambers Global, 2020

"They are extremely proactive and they are a very strong team from partner to associate level."

Chambers Global, 2020

"The lawyers are very experienced and far-sighted."

Chambers Global, 2020

"The firm is well positioned for debtor restructuring work in the Netherlands. They maintain a bankruptcy trustee practise which is an asset as a relatively large firm."

IFLR1000, 2020

"Provided very strong advice and coordination. Helped develop strong relationships with stakeholders."

IFLR1000, 2020

"Very reliable and very clear. They know their work, and can explain in clear and simple language what the situation entails."

IFLR1000, 2020

"Very friendly people who are really willing to work together at the highest level."

Chambers Europe, 2019

"Knowledgeable, they stay calm and are able to prioritise in stressful situations, and they are goal-focused."

Chambers Europe, 2019

Clients are satisfied with the firm's good collaboration between offices, noting that cross-border matters are "managed very well across the different offices."

Chambers Global, 2019

"The CMS group assists national and international clients on corporate recoveries and insolvencies with a focus on turnarounds."

The Legal 500, 2019

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

IFLR1000, 2019

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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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    The Act on the confirmation of private plans (Wet homologatie onderhands akkoord or WHOA) was submitted to the Dutch parliament last year (2019) and, once adopted, introduces a framework under which tailor-made (financial) restructuring plans can be implemented outside formal insolvency proceedings. The WHOA combines elements of the English Scheme of Arrangements, US Chapter 11 and the EU Restructuring Directive (EU 2019/1023).

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    BNR Za­kendoen over het In­ter­toys fail­lisse­ment met Marc van Zanten van...
    Door felle con­cur­ren­tie van prijs­vechters en on­line spel­ers, zag de ei­gen­aar van In­ter­toys geen an­dere uit­weg dan de stek­ker uit het bedrijf trekken. Toch lijkt het af­scheid niet defin­it­ief, vi­er po­tentiële ko­p­ers zouden zich hebben gemeld. We praten
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