The Insolvency & Restructuring Team consists of lawyers who specialise in, and have extensive experience with, corporate law and bankruptcy law. If your company is struggling financially or at risk of collapse, our lawyers can be of assistance. They know what needs to be done and when. Because there are often several (business) interests at stake, our advice is not limited to legal assistance. We also take personal and wider social interests into account.
A company can fall on hard times due to many different circumstances. Whatever the cause, it is important to act quickly in such situations. Our specialists know what needs to be done and when. They have a thorough grasp of what needs to be done and in what order. That offers certainty in uncertain times.
The Team assists both companies in dire straits and those at risk of financial hardship who seek to avoid this.
We can provide counselling in three stages:
- Prevention, aimed at understanding, preventing and managing potential risks;
- Incidental, focusing on liability risks, negotiations with a receiver;
- Restructuring and turnaround options of reorganisation (and restart), whether or not after going through a WHOA process, moratorium or bankruptcy.
Marxman is initiator of the platform Allesoverwhoa.nl. This independent platform provides reliable information on the Court Approval of a Private Composition (Prevention of Insolvency) Act (WHOA), tailored to your situation.
Marxman is also initiator of the platform Retailherstelt.nl. On this platform, you will find information that will help entrepreneurs in the retail sector reduce their debt.
Our experience and counselling are in part based on litigating on these matters. Examples include proceedings in relation to liability claims against directors or proceedings by the Tax and Customs Administration or other creditors. The Team is also knowledgeable in the areas of corporate governance, mergers and acquisitions and commercial contracts. This enables us to give you full insight into, and an overview of, your situation and options.
We work with clients and suppliers in both the SME segment and large enterprises (national and international) across various industries. Our clients operate in areas such as the manufacturing industry, service provision, sports, healthcare institutions and (semi-) government bodies.
Our Team regularly engages in:
- Reviewing or drafting (financial) contracts and/or (intercompany) security documentation, such as deeds of pledge, mortgage deeds and (loan) agreements;
- Assisting in multidisciplinary restructuring processes and restarts, including through a WHOA process or making a restart after bankruptcy;
- Directors’ and officers’ liability assessment and litigation;
- Conducting negotiations with various parties, including the receiver, the bank, the lessor and suppliers, either on behalf of the debtor or on behalf of a creditor dealing with it;
Our Team assists a wide range of clients, from SMEs to large (international) companies. Our clients are active in areas such as the manufacturing industry, service provision, sports and healthcare institutions.