Insolvency and restructuring

How can we help you?

The lawyers at Hoens & Souren can help you with the following:

Restructuring

  • Restructuring your company’s debts
    Offering a compromise with creditors in a bankruptcy or suspension of payment
    For creditors

For creditors

  • Defending the interests of creditors/suppliers in case of – and prior to – a suspension of payment or bankruptcy
  • Invoking retention of title, right of recovery or a right of retention
  • Advising on and enforcing rights of pledge and of mortgage
  • Creditors’ committees
  • Filing claims
  • Guiding the verification of debts

For directors

  • Assistance with bankruptcy examinations and (imminent) coercive detention in connection with bankruptcy
  • Directors’ and officers’ liability and an imminent director disqualification
  • Questions about the actions of administrators, trustees and delegated judges with respect to a suspension of payment or bankruptcy

Also

  • Petitions for bankruptcy, own petitions, and the application for a suspension of payment
  • Current agreements and procedures during bankruptcy
  • Questions about the actio pauliana and settlement (actio pauliana: the power to challenge legal acts by a debtor that disadvantage its creditors)
  • Questions about a cooling-off period

Do you want to know more?

Do you have a question or would you just like to share your thoughts? Feel free to contact Frederik Barthel.

Why Hoens & Souren?

All of our specialists have from 15 to more than 30 years of experience in operating in bankruptcy situations and crisis situations. This experience concerns representation of both parties:

  • As a trustee in bankruptcy or as an administrator in the suspension of payment;
    as an adviser of directors, suppliers, creditors, and other parties concerned.

We know ‘how the game is played’ and how procedures go. Because of this, we also know when and where there are opportunities for you and when there are not. We can switch quickly and efficiently in hectic situations to achieve the best result for you. Do not hesitate to contact us: in most cases, we can give you a quick idea as to your chances.

Examples of what we have achieved for our clients

Double win for a supplier in a bankruptcy case

Our client was a supplier of a retail chain that had been declared bankrupt. This retail chain still held a significant amount of unpaid and as yet unsold stock belonging to our client. Read on.

Accused of improper performance

Investors had made investments in a franchise formula, but additional investment would lead to insolvency risks for the shareholders of the franchiser. Read on.

Personally liable for the shortfall in liquidation assets

Two acquaintances opted to invest in a place of entertainment. However, their dream turned into a costly nightmare. Liquidation was the only option. Read on.