Insolvency and Restructuring

We are Stibbe Insolvency and Restructuring specialists

Specialising in financial and corporate restructurings, our team has worked on many of the major cross-border restructurings and insolvencies of the past decade.

Insolvency and Restructuring

Our experienced insolvency and restructuring team regularly provides the assured guidance and expert advice our clients require in times of distress.

With equal strength in advisory and litigation services, we have particular expertise in proceedings concerning such issues as fraudulent conveyances and directors’ liability. Furthermore, by drawing upon the firm’s expertise in corporate finance, mergers and acquisitions, tax and insolvency, the restructuring of transactions are handled in the most integrated and coordinated way.

In addition, our experts accept appointments by the court to act as receiver or administrator in a formal bankruptcy or suspension of payments procedures, experience that is applied to client matters.

Restructurings will often play out simultaneously in multiple jurisdictions. We have proven experience in combined formal insolvency procedures in various jurisdictions around the world.

On the menu to the right you will find a list of the specialisms we provide debtors, creditors and listed/non-listed companies encountering insolvency difficulties, suspension of payments and bankruptcies.

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Experience

  • 19.08.2015 NL law
    Stibbe advises Egeria

    Experience - Stibbe advises Egeria and its subsidiary company RCPT Beheer B.V., on the acquisition of Imtech Traffic & Infra. With approval of the trustees of Royal Imtech N.V. the banks have sold the shares in the division Imtech Traffic & Infra – excluding the Belgian activities which are part of this division. The sale of the division Imtech Traffic & Infra is part of the earlier announced bankruptcy of Royal Imtech N.V.

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  • 17.02.2014 NL law
    Stibbe advises Indover Bank

    Experience -   Representing the trustees of Indover Bank in a major dispute with Bank Indonesia. Indover Bank was a Dutch merchant bank and a 100% subsidiary of Bank Indonesia, the central bank of the Republic of Indonesia. Indover Bank was declared bankrupt in December 2008. In legal proceedings before the District Court of Amsterdam, the trustees refuse the validation of a claim from Bank Indonesia to the amount of EUR 43 million and have submitted a counterclaim of at least EUR 71 million. According to the trustees, Bank Indonesia breached a guarantee under which Bank Indonesia had obliged itself to enable Indover Bank to meet its obligations.  

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  • 11.07.2012 NL law
    Stibbe advised Heineken

    Experience -   Stibbe acted for Heineken on various matters, including in a bankruptcy of Plassania, a major Dutch catering company that operated tens of pubs and other catering establishments and in summary proceedings against Olm for selling barrels of beer to bars and cafes in the Netherlands, Ireland and Germany, branded as Heineken but actually containing Olm beer.      

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Other specialists

Related news

04.06.2019 NL law
Dutch Supreme Court clarifies evidentiary rules concerning signatures and signed documents

Short Reads - In two recent decisions, the Dutch Supreme Court has clarified the evidentiary power of signed documents. If the signatory unambiguously denies that the signature on the document is his or hers or claims that another party has tampered with the signature (for instance, through forgery or copying a signature from one document and pasting it in another), it is up to the party invoking the signed document to prove the signature's authenticity (ECLI:NL:HR:2019:572).

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21.03.2019 NL law
15 aspects of Brexit you did not know

Short Reads - A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

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15.02.2019 NL law
Commercial interest on overdue interest payments on a loan – uncertainty remains

Short Reads - If a person buys a car from a car dealer and fails to pay the purchase price on the agreed date, that person has to pay not only the purchase price but also statutory interest (Clause 6:119 DCC), unless otherwise agreed. If a car dealer buys the same car from an importer and fails to pay the purchase price on the agreed date, that car dealer has to pay commercial interest, which is a much higher rate, instead of the normal statutory interest (Clause 6:119a DCC).

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18.01.2019 NL law
Special regulation on franchise agreements proposed: more protection for franchisees

Short Reads - On 12 December, a draft legislative proposal ("proposal") was published containing a special regulation on franchise agreements. Until now, there have been no special regulations regarding franchise agreements. The Explanatory Memorandum mentions that franchisees believe that franchisors have a more dominant position within their relationship.

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21.05.2019 BE law
The International Comparative Legal Guide to Corporate Recovery & Insolvency 2019 - Belgian chapter

Articles - This Guide covers common issues in corporate recovery and insolvency - including issues that arise when a company is in financial difficulties, insolvency procedures, cross-border issues - in 30 jurisdictions. Pieter Wouters and Paul Van der Putten of Stibbe Brussels' Litigation department contributed to the Belgian chapter of the ICLG.

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13.03.2019 NL law
Financial Services Disputes in the Netherlands

Articles - What are the most common causes of actions taken by or against financial institutions and service providers in Dutch jurisdiction? Who has a right of action in financial services disputes? Does it make a difference if the customer is an individual or a commercial entity? Is there a specialist court or specialist judges for financial services litigation? Roderik Vrolijk and Daphne Rijkers provide answers to these and other questions about financial services disputes in the Netherlands.

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29.01.2019 NL law
How to remedy a default under Dutch law?

Short Reads - Under Dutch law, a debtor can remedy a default by offering to perform its obligations at a later date. Such an offer, however, has to include an offer to pay for damages and costs incurred as a result of the default (art. 6:86 DCC). If the creditor refuses to accept an offer that meets such criteria, the creditor will be in default.

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04.04.2019 NL law
European Court of Justice: actio pauliana is covered by jurisdiction rule of forum of contract. A judgment with foreseeable consequences?

Short Reads - Imagine that a debtor voluntarily concludes a transaction with a third party where he knows (or should know) that it hinders the creditor's possibilities of collecting the debt. In civil law countries, a creditor can invoke the nullification of that legal act by means of a so-called actio pauliana. This raises the question of which court has jurisdiction in the case of an international dispute, regarding an actio pauliana, that is instituted by a creditor against a third party?

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29.01.2019 NL law
Netherlands Commercial Court van start

Short Reads - Op 1 januari 2019 zijn op basis van de Wet Netherlands Commercial Court het Netherlands Commercial Court (NCC) en het Netherlands Commercial Court of Appeal (NCCA) van start gegaan. Bij het NCC kunnen internationale handelsgeschillen voor een gespecialiseerde overheidsrechter worden beslecht. Het NCC biedt procespartijen de mogelijkheid om in het Engels te procederen.

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