For entrepreneurs and creditors who want to quickly know where they stand and what their best course of action is in the event of impending or actual bankruptcy.
Insolvency law concerns situations in which a company can no longer pay its debts — from payment difficulties and suspension of payments to bankruptcy, restructuring, and settlement by the trustee. Our lawyers and in-house counsel assist both international corporations and the baker around the corner, and always view matters from your perspective: as an entrepreneur in distress or as a creditor seeking to secure their claim.
Lawyers and in-house counsel specializing in insolvency law in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: bankruptcy, suspension of payments, retention of title, and business restart.Practical specialist legal assistance for entrepreneurs.
Specialist advice on insolvency law from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in Insolvency Law
Insolvency law concerns situations in which a company can no longer pay its debts — from payment difficulties and suspension of payments to bankruptcy, restructuring, and settlement by the trustee. Our lawyers and in-house counsel assist both international corporations and the baker around the corner, and always view matters from your perspective: as an entrepreneur in distress or as a creditor seeking to secure their claim.
Bankruptcy application
A bankruptcy petition is the ultimate means of pressure and affects the debtor's entire assets. Our lawyers and in-house counsel guide the petition procedure, the defense, and the alternatives – from international corporations to the baker on the corner.
Divesting a loss-making business unit to keep the rest of the company healthy? Our lawyers and in-house counsel guide the divestment in a way that is compliant with fraudulent conveyance laws and with regard for employees, creditors, and directors' liability – from international corporations to the baker on the corner.
Are you, as a director, being approached by a bankruptcy trustee or the Tax and Customs Administration? Our mixed teams of lawyers and in-house counsel assist directors, from international corporations to the baker around the corner, with a sharp defense regarding Article 2:248 of the Dutch Civil Code, the Beklamel standard, and tax liability.
A restart allows you to continue the healthy part of your business in a new legal entity. Our lawyers and in-house counsel guide you through the asset transaction, the restart plan, and negotiations with the bankruptcy trustee – from international corporations to the baker on the corner.
Is your company under financial or organizational pressure? Our lawyers and in-house counsel guide the reorganization from A to Z: from WHOA agreements and suspension of payments to business restarts and personnel restructuring. For the international group as well as the baker on the corner.
A creditors' agreement can prevent bankruptcy by restructuring debts in a controlled manner. Our lawyers and in-house counsel assist both debtors and creditors – from international corporations to the baker on the corner.
Are things no longer going well with your creditors? MKB Juristen assists entrepreneurs with statutory debt restructuring, compulsory settlements, moratoriums, and corporate restructuring. From the baker on the corner to an international corporation.
Temporary payment difficulties, but a viable business? With a suspension of payments, you gain time to restructure and reach an agreement with creditors. Our lawyers and in-house counsel assist you from the application to homologation.
Insolvency law encompasses all rules that apply when a company or individual can no longer pay their debts. It covers suspension of payments, bankruptcy, and the settlement thereof by the trustee. It determines who has which rights: the debtor seeking breathing space, the creditor wishing to collect their claim, and the trustee distributing the estate. Whoever knows their position retains the most control.
Our lawyers and in-house counsel assist both international corporations and the local entrepreneur — whether you are facing financial difficulties yourself or are a supplier seeking to recover your money.
Suspension of payments: breathing space before bankruptcy
If liquidity is declining but the company is fundamentally sound, a suspension of payments can offer a solution. A suspension of payments is a deferral of payment and is granted by the court at the request of the company itself (Article 214 of the Bankruptcy Act). During the suspension, the court appoints an administrator and you are given time to reach an agreement with creditors. The goal is to prevent bankruptcy. We assess whether a suspension of payments is likely to succeed and whether an out-of-court or compulsory settlement with creditors is feasible.
Bankruptcy: applying for, preventing, or averting
Bankruptcy is declared by the court upon the company's own application or at the request of a creditor. For an application by a creditor to be filed—in short—it is required that the debtor is in a state of having ceased payments and that there are multiple creditors (plurality of creditors). Sometimes, a bankruptcy application is primarily a means of pressure to force payment. We assist both the creditor filing the application and the company seeking to defend against an unjustified application or to reverse the situation.
The role of the trustee and the estate
From the moment of bankruptcy, the entrepreneur loses control over his assets; the trustee (usually a lawyer) manages and liquidates the estate for the benefit of the collective creditors. The trustee collects claims, sells assets, and distributes the proceeds according to the statutory order of priority, whereby preferential creditors such as the Tax Authorities and the UWV take precedence over concurrent creditors. We guide directors in their contact with the trustee and assist creditors who submit their claims for verification.
Retention of title: reclaiming your goods
If you have delivered goods subject to retention of title (Article 3:92 of the Dutch Civil Code), you remain the owner until the buyer has paid. In the event of your customer's bankruptcy, you can in principle reclaim those goods, as they do not belong to the bankruptcy estate. However, it is important to notify the bankruptcy trustee of your claim immediately, accompanied by proof of delivery, unpaid invoices, and the general terms and conditions containing the retention of title. The trustee may impose a cooling-off period during which you are temporarily prohibited from collecting your goods (Article 63a of the Dutch Bankruptcy Act). You can also read how best to handle this in our document on invoking retention of title.
Directors' liability and the Pauliana action
In bankruptcy, the trustee can hold the director personally liable in cases of manifestly improper management that constitute a significant cause of the bankruptcy (Articles 2:138 and 2:248 of the Dutch Civil Code). If the board has violated the accounting obligation or the filing obligation, improper management is established and is presumed to be a significant cause of the bankruptcy (Article 2:248, paragraph 2, of the Dutch Civil Code). Additionally, the trustee can annul legal acts that prejudiced creditors prior to the bankruptcy: the bankruptcy clawback action (faillissementspauliana) for non-obligatory acts (Article 42 of the Bankruptcy Act) and for mandatory acts subject to conditions (Article 47 of the Bankruptcy Act). We assist both directors who are being held liable and trustees and creditors seeking recourse.
Relaunch: preserving value after bankruptcy
Bankruptcy does not always mean the end of the business. Through a restart, viable business units, customer contracts, and employment can be acquired from the bankruptcy estate—from the bankruptcy trustee. For the acquirer, a well-structured asset agreement and attention to the transfer of personnel are essential. We guide both buyers and directors considering a restart themselves, and ensure that the transaction stands up to scrutiny by the bankruptcy trustee and the creditors.
Insolvency law for SMEs and corporations
The top end of the market often focuses on large, complex insolvencies. We do not: our mixed team of lawyers and in-house counsel assists both international corporations and the baker around the corner. Approachable and practical, yet legally sharp — applying the full legal articles and avoiding unnecessary jargon.
Does this concern restructuring or the WHOA?
If you wish to preempt bankruptcy through a reorganization or a compulsory settlement outside of bankruptcy (WHOA), or a broader restructuring, please visit our restructuring and insolvency. This page focuses on the insolvency process itself: suspension of payments, bankruptcy, the trustee, and your position as a creditor or debtor.
What we help with
From averting bankruptcy to securing your claim — our lawyers and legal experts support you at every stage of the insolvency process.
Advice on impending bankruptcy and payment problems
Applying for and managing a suspension of payments (Article 214 of the Bankruptcy Act)
Preparing your own bankruptcy petition
File or defend against bankruptcy
Submit claims for verification and determine your rank
Invoking retention of title with the bankruptcy trustee (Article 3:92 of the Dutch Civil Code)
Defense and advice regarding directors' liability (Article 2:248 of the Dutch Civil Code)
Pauliana: annulment of detrimental acts (Article 42 of the Bankruptcy Act)
Guiding business restarts and the acquisition of assets from the bankruptcy estate
Conduct contact with the trustee and administrator on your behalf
When do you engage this team?
In insolvency, every day counts. The sooner you involve us, the more options you retain — whether you are a company in financial distress or a creditor seeking payment. If you recognize either of these situations, seeking advice is wise.
In insolvency law, your starting position determines the outcome. Before we file for bankruptcy, defend against it, or submit a claim, we assess your position: are you a debtor or a creditor, what collateral do you hold, what is the rank of your claim, and what is the status of time limits and the cooling-off period? In this way, we choose the route—suspension of payments, settlement, bankruptcy, retention of title, or restart—that best serves your interests, rather than taking just any step.
Our approach
From question to solution in four steps.
1
Intake
We discuss your situation and your position as a debtor, creditor, or director, and review contracts, collateral, and terms.
2
Analysis
We assess your position against the Bankruptcy Act and the Civil Code, and map out the opportunities, risks, and rank of your claim.
3
Strategy
We choose the route — suspension of payments, settlement, bankruptcy, retention of title, or restart — and the involvement of a lawyer or legal expert.
4
Execution
We carry out: from filing for or averting bankruptcy to invoking securities and liaising with the bankruptcy trustee.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Insolvency Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
Our team of corporate counsel and lawyers within the insolvency and restructuring team are specialists. We assist organizations, shareholders, directors, and creditors with legal issues within an insolvency or restructuring process. We have extensive experience at the negotiating table, are decisive, and can make sound assessments of opportunities and risks. We understand both the legal world and the business world, enabling us to effectively switch between them. Clear and understandable language is paramount in this regard.
Frequently asked questions about insolvency law
The questions entrepreneurs and creditors ask us most often.
What is the difference between suspension of payments and bankruptcy?
Suspension of payments is a deferral of payment intended to prevent bankruptcy and give the company time to reach an agreement with creditors (Article 214 of the Bankruptcy Act). Suspension of payments can only be applied for by the company itself. Bankruptcy means that the company is liquidated; a trustee then manages the estate and distributes the proceeds among the creditors.
My customer is bankrupt — will I still get my money?
That depends on your position. If you delivered goods subject to retention of title (Article 3:92 of the Dutch Civil Code), you can often reclaim the delivered goods; report this immediately to the bankruptcy trustee. If you hold a pledge or mortgage right, you are a secured creditor and can enforce your security. Without security, you are an unsecured creditor, and preferential creditors such as the Tax Authorities and the UWV (Dutch Social Security Agency) take precedence over you.
Can I, as a director, be held personally liable in the event of bankruptcy?
Yes, in the case of manifestly improper management that is a major cause of the bankruptcy (Articles 2:138 and 2:248 of the Dutch Civil Code). If you have breached the accounting or filing obligation, improper management is established and it is presumed that this contributed to the bankruptcy (Article 2:248 paragraph 2 of the Dutch Civil Code). Timely advice can prevent or limit liability.
What can the bankruptcy trustee reverse with the Pauliana action?
The trustee can annul legal acts that prejudiced creditors prior to the bankruptcy. For non-mandatory acts (for example, the siphoning off of assets), Article 42 of the Bankruptcy Act applies; for mandatory acts, such as the selective payment of a single creditor shortly before bankruptcy, the stricter conditions of Article 47 of the Bankruptcy Act apply.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, filing a claim, negotiating a settlement, and contact with the bankruptcy trustee, an in-house counsel is often sufficient. For legal proceedings—such as filing for or defending against bankruptcy, or proceedings regarding directors' liability—a lawyer is mandatory. We have both in-house and determine together with you what is most suitable.
Is this team also for small business owners?
Yes. We help both international corporations and the baker on the corner. Especially for smaller businesses and freelancers, fast and practical advice regarding payment problems or a bankrupt customer makes a big difference.
Discuss your situation with an insolvency law specialist.Our insolvency lawyers and legal experts help both large companies and small business owners—whether as a debtor in distress or as a creditor seeking to secure their claim. Schedule a meeting and know where you stand within a single session.
