Financial difficulties

Taking over business activities from a bankruptcy can offer many opportunities for a restart. It can be an excellent opportunity to start a new business activity, to increase the market share of an existing activity or to obtain certain valuable business assets or know-how.

A relaunch is not only possible by third parties. It also happens that the management of the bankrupt, with or without the support of shareholders of the bankrupt, want to restart the bankrupt company.

Bidding procedure for relaunch after bankruptcy

In a bankruptcy of any size, a trustee will rig a bidding process with bidding rules. Candidates accept an obligation of confidentiality. Under secrecy, candidates are then given information about the activities of the bankrupt company, the nature and extent of its tangible and intangible assets, customer base, staff and so on, so that the candidate gets a good picture of the company as it was and what the potential is in a restart. Making an offer is usually not without obligation for the bidder, while the trustee will keep a close eye on whether or not to accept bids.

Preparation for bidding procedure for relaunch

It is very important for the candidate, who wishes to participate in a bidding procedure and make a bid, to be well prepared. Is the information provided by the trustee sufficient? What exactly is being bid for? And what is an appropriate amount to bid? Is the intention to take over personnel? Can the bidding be structured to make it more attractive for a trustee to accept the bid?

The trustee will compare the various bids and accept the best offer or possibly continue negotiations with some comparable candidates. In principle, the trustee will be guided by the interests of creditors, and accept the highest bid. However, the trustee may also take other circumstances into account when evaluating bids, such as, for example, employment. In the bidding rules, a trustee will want to create a lot of room for his assessment.

Lawyers advising on a relaunch

Our lawyers are well versed in these subjects. They also work as trustees, so they have a good overview of the playing field. Moreover, our lawyers have experience in assisting parties who wish to realize a relaunch. Getting advice on a relaunch increases the chances of getting a good deal.

We will be happy to help you if you wish to realize a relaunch transaction.