Restructuring and insolvency

"In difficult times, you need to make quick but careful decisions. We offer peace of mind, clarity and legal guidance – precisely when it is needed most."

Lars Huttinga

Attorney at law

For entrepreneurs in financial difficulties

As an entrepreneur, you can have a lot to deal with when financial pressures mount. We can help you keep track of things and make the right choices. First, we need to distinguish between two scenarios.

Imminent shortage

Your business is still running, but your forecasts indicate that a liquidity deficit is looming in the near future. You’re paying your creditors later and later, postponing investments or expecting that you will no longer be able to pay certain debts. This is the time for action. We can advise on solutions such as:

Restructuring of (tax) debts or a composition with creditors
WHOA plans
Selling or (re)financing the business
Reorganising or applying for a suspension of payments

Acute payment problems

If you have an immediate liquidity deficit and are no longer able to pay your bills, are falling behind on your payments to the Tax and Customs Administration or are taking out personal loans to keep the business afloat, you are in a critical situation. We can support you in any restart, bankruptcy petition, (expedited) liquidation or liquidation by arrangement. We also help send timely notices of your inability to pay and help minimise liability risks.

Our added value as a restructuring and insolvency attorney

A restructuring or insolvency process is demanding and fraught with uncertainty. We offer not only legal advice, but also structure and strategic guidance. As your sparring partner, we look beyond the legal aspects, help you make quick yet careful decisions and communicate clearly. Our added value also lies in our experience on both sides of the table. Our attorneys are regularly appointed as bankruptcy trustees, administrators or restructuring experts and are therefore familiar with the other side’s perspective. This allows us to act as a firm sparring partner and gives you a strategic advantage. We are here to help entrepreneurs and organisations in financial difficulties find a sustainable solution.

For parties whose counterparty is in financial difficulties

As an entrepreneur, public authority or healthcare institution, you may also find yourself dealing with a counterparty experiencing financial difficulties. Think of suppliers, lessors, shareholders, financiers or customers. We can help you secure your position at any stage of a restructuring or insolvency process, whether it involves a WHOA composition, suspension of payments or bankruptcy. Our role focuses on carefully documenting contracts and security interests in advance to prepare you for a worst-case scenario and prevent you from being left empty-handed in the event of a restructuring or insolvency. In addition, we can provide legal and strategic guidance during ongoing insolvency proceedings, aimed at securing rights and interests. Examples of common topics:

Termination of contracts
Retentions of title, rights of retention, rights of pledge and rights of mortgage
Set-off and security interests
Directors’ and officers’ liability
Restart following bankruptcy or the sale or disposal of business activities (distressed M&A)

We know the inner workings of the processes and we know what it takes to capitalise on opportunities and mitigate risks. This way, we can ensure that you are well prepared and in a strong position.

Multidisciplinary team

Restructuring and insolvency often involve several areas of law. Our lawyers work in multidisciplinary teams with direct lines of communication. This enables us to respond quickly and provide advice from a broad legal perspective, tailored to your specific situation and sector.

Your legal partner

Don’t wait too long if you or your counterparty is facing (imminent) financial difficulties. Timely legal advice can prevent things from escalating and allows for better decisions. Whether it involves restructuring, suspension of payments, WHOA plans or bankruptcy, we can help simplify complex situations and set a course towards a sustainable solution. You can count on that with Nysingh.