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Insolvency & Restructuring

Law Firm in the Netherlands specialised in Insolvency & Restructuring

Insolvency law is becoming increasingly complex. Developments follow each other in rapid succession and Dutch insolvency proceedings are increasingly influenced by European legislation and regulations.

For all questions in the area of insolvency and restructuring, companies and their directors, creditors, financial institutions and other financiers can rely on the services of CMS.

We work if necessary with other offices of CMS around the world and provide you with truly international advice. Our insolvency and restructuring specialists pride themselves on many years of broad experience and are affiliated to a number of local and international associations for insolvency law. They are appointed as liquidators in involuntary liquidations and administrators for moratoriums and debt rescheduling arrangements.

CMS is involved in major national and international involuntary liquidations. We adopt a business attitude to work with you in achieving the most practical solution for your business.

"Good quality, responsive, and a pleasure to work with – they perform well and have a good attitude in court."

The Legal 500 EMEA, 2024

"A hands-on team."

The Legal 500 EMEA, 2024

"In summary, CMS’ strengths lie not only in their deep legal expertise but also in their dedication to understanding their clients’ specific needs. Potential clients can trust CMS to provide unparalleled legal solutions and truly care about their success."

The Legal 500 EMEA, 2024

"The CMS team members and partners are sincerely involved in the deal. They are always available, but above all proactively present. Without taking over the wheel, they smoothly steer the process in the right direction. This ability comes from being truly present as people."

The Legal 500 EMEA, 2024

"CMS are a pleasure to work with. The team has an unwavering commitment to getting the job done. Besides their outstanding market knowledge, legal expertise and creativity, they were a real support in difficult times. Their ability to act with confidence was powered by their ideas and honest advice – advice that was attuned to the context and made a real difference to the overall outcome."

The Legal 500 EMEA, 2024

"CMS is able to handle large bankruptcies with ease as they have the breadth and depth required to do this with a capable team."

Chambers Europe, 2024

"CMS is ready at any time and is a driving force to pull the deal through the process. The lawyers are always positive and constructive."

Chambers Europe, 2024

"Overall, a strong team with excellent hands-on insolvency experience and noted for responsiveness towards its clients."

The Legal 500 EMEA, 2023

"Personal, professional, competent and friendly."

The Legal 500 EMEA, 2023

"The bench strength and breadth of CMS is a force to be reckoned with, supported by an international network that can be efficiently deployed."

Chambers Europe, 2023

CMS has an important team in this field in the Netherlands.

The Legal500 EMEA, 2022

Working with the team is a "very pleasant and sensible experience."

Chambers Europe, 2022

Quick and well-organised recovery advice and follow-up.

IFLR1000, 2021

Very professional team with a long track record of successful recoveries.

The Legal 500 EMEA, 2021

Knowledgeable, experienced and pragmatic approach.

Chambers Europe 2021

Delicate and sensitive way of dealing with tension.

Chambers Europe, 2020

"Combines skilled teams across its CEE branches with strong capabilities in the UK, Spain, Germany, Netherlands and Portugal."

Chambers Global, 2020

"They are extremely proactive and they are a very strong team from partner to associate level."

Chambers Global, 2020

"The lawyers are very experienced and far-sighted."

Chambers Global, 2020

"The firm is well positioned for debtor restructuring work in the Netherlands. They maintain a bankruptcy trustee practise which is an asset as a relatively large firm."

IFLR1000, 2020

"Very reliable and very clear. They know their work, and can explain in clear and simple language what the situation entails."

IFLR1000, 2020

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Insolvency
In the event of involuntary liquidation or a possible relaunch, often assets need to be sold. In addition, matters such as debt collection, consultati
Moratorium on payment
The purpose of the moratorium on payments is to reschedule debts. Our lawyers are appointed as administrators in moratoriums. The administrator and th
Recovery
When restructuring a company, sound advice and supervision is extremely important. CMS can help you with company reorganizations, such as in the form
light trails on German autobahn
Restructuring
Debt rescheduling is often granted as this gives natural persons the opportunity to settle their debts once and for all. The period of debt rescheduli
WHOA
The Act on the confirmation of private restructuring plans (Wet homologatie onderhands akkoord or WHOA) was submitted to the Dutch parliament (2019) a
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Bankruptcies
Bankruptcies overview

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01/02/2024
Simplifying and standardising Dutch insolvency Law: the impact of the proposed...
In the process of simplifying and standardizing Dutch insolvency law, the proposed EU Directive for harmonizing insolvency law introduces a shift from subjective to objective criteria in avoidance ac­tions.Shift­ing...
10/01/2024
Harmonisation of insolvency avoidance in Europe
This article continues our Law-Now series "Harmonisation of Insolvency Laws in the EU" in which we provide an overview of the articles addressing insolvency avoidance actions of the draft EU directive.As...
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In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
31/08/2023
Pre-Pack reorganisation in Bosnia and Herzegovina: An overview
In response to the proposal by the EU Commission on 7 December 2022 that an EU Directive be issued to harmonise certain aspects of insolvency law, this article provides a look into one of the main topics...
17/08/2023
Pre-pack sale proceedings in Croatia and the impact of the EU’s insolvency...
In late 2022, the European Commission proposed a new Directive with a view to harmonise certain aspects of insolvency law. One of the most important innovations to be introduced in this Draft Directive...
11/08/2023
Pre-pack proceedings Slovak law: challenge to avoid speculations?
Only a year ago, Slovakia transposed EU Directive 2019/2023 on preventive restructuring frameworks with an intention to reform insolvency proceedings and make them more effective. (See CMS | Law-Now...
07/08/2023
The Pre-pack Directive proposal: a guide to possible pre-pack proceedings...
On 7 December 2022, the European Commission published a proposal for a Directive of the European Parliament and of the Council harmonising certain aspects of the insolvency law. The intention of this...
07/08/2023
Pre-pack insolvency sale in the Czech Republic: Current situation and outlook
A pre-pack insolvency sale, which is an expedited liquidation proceeding that allow for the sale of all or part of a debtor’s business as a going concern to the best bidder shortly after the insolvency...
07/08/2023
Pre-pack sales procedures in Hungary
The success of the recently introduced pre-pack-like rules in Hungary will help determined how the EU Directive on pre-pack sales will be implemented in this country.Existing pre-pack-like rulesPre-pack...
27/07/2023
A short guide to leveraging Pre-Packs in Switzerland
What situations call for a Pre-Pack?Imagine the following scenario: a debtor, in our case a company, is facing severe financial distress. The company, however, still has certain business units that are...
19/07/2023
Pre-pack insolvency proceedings: the Spanish approach
A pre-pack insolvency proceeding is a sale of the still-viable production unit of an insolvent company, negotiated before the formal judicial declaration of the insolvency process, by the judicial appointment...
19/07/2023
Pre-pack proceedings in Portugal introduce a brave new world
The pre-pack proceedings regime set out in the Title IV of the Proposal for a EU Directive to harmonise certain aspects of insolvency law, dated 7 December 2022, will be a tremendous challenge for all...