When a company faces imminent bankruptcy, or when you as a creditor are faced with the (imminent) bankruptcy of a business partner, prompt and expert legal assistance is essential.
When a company faces imminent bankruptcy, or when you as a creditor are faced with the (imminent) bankruptcy of a business partner, prompt and expert legal assistance is essential.
When a company faces imminent bankruptcy, or when you as a creditor are faced with the (imminent) bankruptcy of a business partner, prompt and expert legal assistance is essential. At Guldemond Advocaten we combine more than 25 years of experience in bankruptcy law with a pragmatic and solution-oriented approach. Our goal is to guide you through this difficult period and to strive for the best possible outcome for your situation.
For companies facing the threat of bankruptcy, timely action is crucial. Often there are more options than first appear to prevent bankruptcy or limit its consequences. A thorough analysis of your situation enables us to determine the best strategy and work with you on a solution.
In some cases, bankruptcy can still be avoided. We investigate all possible options to make your company financially healthy again or to gain time for a restructuring. This includes negotiating with creditors about payment arrangements, attracting refinancing or new capital, considering a pre-pack or restart, applying for a moratorium on payments as a breathing space, and using the possibilities offered by the Wet Homologatie Onderhands Akkoord (WHOA) for restructuring.
Suspension of payment is an important instrument to gain time for reorganization and restructuring. We advise you on the right moment to apply for suspension of payment and guide you in the preparation of the petition. In addition, we support you in communicating with creditors and drawing up a realistic reorganization plan. During the suspension of payment period, we assist you in the negotiations with creditors and the implementation of the plan to make your company healthy again.
If your company is faced with a bankruptcy application by a creditor, it is important to act quickly. We will help you defend yourself and investigate all possible legal and practical means to avert bankruptcy.
We thoroughly analyze the bankruptcy application and assess the possibilities for defense. This may include contesting the claim if it is not established or contested, raising procedural defenses if not all formal requirements have been met, and relying on payment arrangements already made or offering new securities.
In addition to legal defenses, we look for practical solutions to reach an arrangement with the requesting creditor. This may include negotiating a payment arrangement, providing additional security, or attracting alternative financing to pay the outstanding claim. By acting proactively and constructively, we can often prevent bankruptcy and ensure the continuity of your company.
For creditors who are faced with the (imminent) bankruptcy of a debtor, we offer strategic advice to protect your position and increase your chances of satisfaction of your claim.
We help you secure your position before bankruptcy is declared. This may include assessing your security rights, such as liens or mortgages, and advising on seizures to secure assets. Where applicable, we advise on exercising retention of title or rights of reclamation, and on the possibilities of suspending or terminating agreements to limit your risks.
We advise you on the best strategy to protect your interests. Sometimes it can be strategic to file for bankruptcy of the debtor yourself in order to influence the settlement. We help you determine the right timing for legal steps, negotiate payment arrangements or settlement proposals, and advise on your position in a possible restart of the debtor.
Once bankruptcy has been declared, it is important to protect your rights and interests, regardless of whether you are the bankrupt or a creditor.
We assist you with your obligations towards the trustee, such as providing information and cooperating in the settlement of the bankruptcy. We assess possible personal liability risks and help take measures to limit these. In addition, we investigate the possibilities for a restart of (parts of) your company and advise you on your role and rights during the bankruptcy.
We support you in correctly submitting your claim to the trustee and provide strong substantiation. We advise on exercising your security rights and recovering your claim. We maintain contact with the trustee to keep abreast of progress and to represent your interests. If there is a suspicion of improper transactions prior to the bankruptcy, we can assist you in procedures to challenge these transactions.
Bankruptcy does not have to mean the end of your company. We have extensive experience in guiding restarts and help you with the preparation and execution thereof.
We assess which parts of your company are suitable for a restart and help determine the value of assets that can be included in the restart. We act on your behalf in negotiations with the receiver about the takeover of assets and contracts. In addition, we advise on employment law aspects, such as the takeover of staff and the applicable rules, and we support in finding financing for the restart.
We ensure legally watertight contracts for asset acquisitions and other transactions. We guide communication with employees, suppliers, customers and other stakeholders, and support the practical implementation so that the new company can start as smoothly as possible.
Additional points of attention may apply to international companies. We have experience with cross-border bankruptcies and advise on the application of the European Insolvency Regulation and other relevant regulations. We investigate whether there are assets abroad that you can recover and provide guidance on cross-border restructurings. We also advise on jurisdictional issues and the possibilities of conducting proceedings abroad.
Bankruptcy situations require fast and effective action. At Guldemond Advocaten we offer speed and availability for urgent matters and we can switch quickly when necessary. You will be assisted by experienced lawyers with in-depth knowledge of bankruptcy law. Our approach is pragmatic and focused on practical solutions that best serve your interests. We think along with you about the long term and help you make well-considered decisions.
Are you facing important decisions surrounding a bankruptcy or impending bankruptcy? Or do you want to secure your position as a creditor? If so, please contact Guldemond Advocaten.
