Restructuring & Insolvency

Businesses sometimes run into financial difficulties. Then swift and decisive action is needed to ensure continuity or preserve value and employment. Van Doorne advises entrepreneurs and financiers on restructurings or insolvency proceedings. We help find a solution that works both legally and commercially.

Restructuring, WHOA or a relaunch

Financial restructuring requires the cooperation of various stakeholders who often have conflicting interests. The way this is dealt with determines success. A good lawyer makes all the difference here. We have years of experience in complex restructurings. Our team stands out with its creativity and decisiveness. In this regard, we consider all options: consensus if possible, litigation if necessary.

The Court Approval of a Private Composition (Prevention of Insolvency) Act (Wet homologatie onderhands akkoord; “WHOA”) has been in force since 1 January 2021, allowing insolvency to be avoided by means of a compulsory restructuring plan outside formal insolvency proceedings. Our team has advised on several successful WHOA procedures.

Sometimes insolvency is inevitable. In those cases, it is about preserving as much value and employment as possible. Our team has assisted financiers, entrepreneurs and creditors in many insolvency proceedings over the past decades. These have always resulted in the best outcome for the client: for example, a composition with creditors or a relaunch from insolvency or, conversely, the highest possible recovery of outstanding debt. As we act for all types of stakeholders, we know the playing field and where the path to a solution lies.

Insolvency and finance specialists

The core team consists of insolvency and finance specialists. They have a background in financial transaction practice and, in addition to an in-depth knowledge of insolvency law, they have extensive experience in drafting documentation. This enables them to act very quickly and effectively. The team also includes dispute resolution specialists with, among other things, extensive experience in the WHOA, distressed situations, enforcement of security and disputes with receivers. The combination of experienced transactional and trial lawyers means that the team can bring complex cases to a successful conclusion under demanding time constraints.

Van Doorne has a loyal client base including Dutch banks (default management departments), foreign banks and distressed debt investors. They value our firm for its clear advice and the speed at which it initiates action.

Team Restructuring & Insolvency