Insolvency Law

From the debtor’s perspective

We provide expert advice and representation in all debt and insolvency related matters. In particular, we advise of insolvency related time lines and obligations, as violation of these can have penal consequences. In this case, the earlier we can be involved the better. It is ideal to contact us soon as there is an increase in payment defaults and as a consequence a liquidity crisis occurs or your bank changes their credit approvals. A successful claim and payment management can prevent insolvency.

From the creditor's perspective

As a creditor your main concern is the payment of outstanding debts from your debtors. As early as during the contract drafting we consider putting in place tight securities for potential insolvencies. Our experience is that rather than insisting on holding on to the original claim it can be more promising to reach a compromise. Our advice incorporates realistic prospects and opportunities and we work out a strategy with you analysing costs and benefits. During judicial procedures we represent your interests to the receiver and liquidator or in cases of contestations. 

Aspects of Insolvency Law in detail:

Debtor related matters

  • Obligation to disclose and co-operate
  • Debtor in possession (self-administration)
  • Duty to file for insolvency
  • Opening of the insolvency proceedings
  • Insolvency plan proceedings
  • Delayed filing of insolvency
  • Discharge of residual debt

 

Creditor related matters:

  • Inspection of records at insolvency court
  • Filing a claim in an insolvency case
  • Creditors' meeting and committee
  • Request to open insolvency proceedings
  • Separation for preferential satisfaction
  • Insolvency rescission
  • Compensation for damages
  • Petition for refusal
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