Insolvency law

Insolvency lawyers

Nysingh’s insolvency law team combines years of practical experience in liquidation proceedings and moratorium procedures with in-depth knowledge of restructuring, director’s liability and debt rescheduling. Our role as trustee or administrator has given us an inside understanding of the process, enabling us to think on our feet, take the time to assist you and provide you with a clear overview of the situation, and offer solutions that are both legal and practical. Our multidisciplinary collaboration with other areas of law guarantees that all aspects of your file are fully considered. Please contact us at your earliest convenience – the sooner we are involved, the more room there is to keep options open, mitigate risks and reach long-term solutions.

Insolvency, bankruptcy, moratorium and restructuring expertise

Insolvency law comprises more than just liquidation and bankruptcy proceedings. In addition to insolvency or bankruptcy, companies or natural persons (such as sole traders or partners) could be faced with suspension of payments or the statutory debt restructuring scheme. Our lawyers advise and assist you in all stages:

• Bankruptcy petition or winding-up petition: by a debtor or creditor, and in exceptional cases by the Public Prosecution Service or the administrator
• Moratorium: temporary suspension of creditor actions to enable a reorganisation
• Restructuring and reorganisation: including legal and staff changes, changes in governance or changes to the legal form

We assist you in preventing bankruptcy or insolvency through rescheduling, renegotiations or structural reviews and we are your legal sparring partner when bankruptcy or insolvency (such as a WHOA composition or a composition with creditors) is imminent or upcoming.

Trustees and administrators in bankruptcies, insolvencies and moratoriums

Our lawyers are regularly appointed as administrators in moratoriums and as trustees in insolvencies. If you have any questions about the liquidation of an insolvent company or if you want to know more about the role of our trustees, please feel free to contact one of our specialists.

For business owners in financial difficulties

We can help you steer clear of risks and improve your options at an early stage, before things really get out of hand. Where underperformance has developed into persistent financial problems, we help you by providing peace of mind and keeping a clear overview of the situation. If you see any signs such as accumulating debts, delays in payments or postponed investments, now is the time to act. Options that may be suitable for you include:

• Rescheduling by means of a composition with creditors or a WHOA composition
• Financing/refinancing, reorganisation or sale (distressed M&A)
• Moratorium or insolvency followed by a relaunch
• Legal assistance in director’s liability and debt management

This is how we provide legal certainty, strategic insight and structure in a period that tends to be characterised by chaos.

For parties involved in an insolvency

If your customer, supplier or partner – such as a supplier, lessor, financier, shareholder or investor – is experiencing financial difficulties, we can help you secure your rights before things take a turn for the worse and will actively assist you during an insolvency process.
Questions that regularly come up:

• How do I terminate contracts or enforce security?
• Can I recover goods in the event of insolvency? (retention of title, lien)
• How does a contracting party’s insolvency affect my rights?

Our approach is practical, people-centred and legally sound. You remain firmly positioned, irrespective of the stage of the process.

Nysingh: your legal partner

At Nysingh, we combine legal expertise with a practical approach that focuses on solutions. Regularly acting as trustees, administrators or restructuring experts, our insolvency lawyers know the ins and outs of the practice. This means that we understand how an insolvency process actually progresses and what interests are really at play, in addition to providing advice on the basis of the legal framework.

Clear communication is key and we adopt a flexible attitude when the situation calls for this. Rather than providing standard solutions, we give you advice tailored to your company, organisation or role as a contracting party. Our multidisciplinary way of working results in a comprehensive approach to complex issues. We work closely with colleagues specialising in corporate law, employment law, property law, competition law and liability law. Our lawyers in all these fields work together to look at complex files from every possible angle and ensure that you are advised in a way that does justice to your situation.

On top of this, our expertise transcends national borders; drawing on our international TAGLaw network, we also support you in cross-border issues. No matter the situation you find yourself in as a business owner, director, shareholder, supplier or financier, we ensure that you are prepared and are well positioned.

Contact us

If you are wondering whether your company will be able to withstand the financial pressure or if you are currently dealing with an insolvent or bankrupt contracting party, we will be happy to consider the matter together with you. Please do not hesitate to contact our specialists.

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