Peter de Graaf

October 8, 2025

Bill on Homologation Private Placement Significant change in insolvency law is imminent

2023-02-13T14:35:33+01:0014 November 2019|companies in financial distress, enterprise and business, news, posts, specialist areas|

A very important change in insolvency law is imminent. This change concerns the possibility of a debtor's offering a composition to creditors. In the current situation, there is only an arrangement for the compulsory imposition by the court of an arrangement with creditors in suspension of payments or bankruptcy. In the Bill on the Homologation of Private Agreements (WHOA), the possibility has been included that a compulsory composition without a moratorium or bankruptcy can be concluded. This will drastically change the possibilities for resolving problematic debts. This change is important for debtors, but also for their providers of capital, such as creditors and shareholders.

Court of Appeal rules that ‘pre-pack is a transfer of a company’

2017-07-27T10:18:39+02:0027 July 2017|news, posts|

In case of a pre-pack, also called a pre-packaged insolvency, an intended receiver is working on a relaunch some time prior to the declaration of the bankruptcy, so a relaunch may be realised shortly after the declaration of the bankruptcy, possibly even the same day. The aim of the pre-pack is continuation of the company with the highest possible yield.

The restart

2015-12-21T16:42:32+01:0021 December 2015|news, posts|

The term ‘restart’ is frequently used on the news when a large company has gone into liquidation. A recent example thereof is Imtech. But what exactly is a restart?

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