Last Updated March 06, 2019

Law and Practice

Authors



Florent (Amsterdam - HQ) was launched in 2017 by partners from BLIX and Höcker Advocaten, and now consists of about 35 lawyers. It has a strong focus on corporate/M&A, commercial and corporate litigation, banking and finance, and insolvency and restructuring. The firm employs real estate, employment and intellectual property experts in support of its focus areas, so is able to assist clients throughout a company’s life cycle, from start-up to investment round, from acquisition to litigation, and from financial distress to exit. The Insolvency team is appointed by the courts as bankruptcy trustees or administrators in the largest bankruptcies in the Netherlands. It also advises companies in distress, lenders, borrowers and financial institutions, as well as other creditors and counterparties, on all aspects of debt recovery, restructuring and insolvency. In addition to the team’s strong roots in domestic practice, the firm has excellent capabilities for and experience in dealing with cross-border/international and complex cases (including INSOL Fellows). Florent is the only major firm in the Netherlands with a substantial asset recovery practice, so can assist with cross-border asset recovery, fraud litigation (prosecuting civil claims for fraud) and financial fraud investigations.

See also 7.1 Types of Statutory Voluntary and Involuntary Insolvency and Liquidation Proceedings. The bankruptcy trustee will consider the various available alternatives for liquidation of the bankrupt estate, including the transfer of the business as a going concern by way of an asset sale. The bankruptcy trustee can be quite flexible in entering into an agreement with a potential purchaser, provided that the agreed transaction is in the best interest of the joint creditors of the bankrupt debtor. A sale of assets requires the prior authorisation of the supervisory judge. The bankruptcy trustee will also have to take into account the interests of secured creditors, who have a strong legal position in the process of selling assets over which they may have security. In practice, this means that the bankruptcy trustee needs the approval of a secured creditor before selling a secured asset to a purchaser. If the security rights of the creditor are recognised by the bankruptcy trustee, the creditor can claim the relevant part of the proceeds, while the bankruptcy trustee will request a fee from the secured creditor for the trustee's co-operation in facilitating the sale of the secured asset to the purchaser. Dutch law does not have any rules preventing an existing secured or unsecured creditor from participating in the sale process as a (potential) purchaser. As a rule, the bankruptcy trustee will not give any representations and warranties to a purchaser. Finally, a bankruptcy trustee is not bound by any pre-negotiated and pre-insolvency sales transaction of assets, except perhaps in pre-pack situations, to the extent that the prospective bankruptcy trustee (beoogd curator) made certain undertakings – which is generally unlikely.

Florent

NoMA House
Gustav Mahlerlaan 1236
1081 LA AMSTERDAM

+31 (0)20 303 59 00

+31 (0)20 303 59 99

info@florent.nl www.florent.nl
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Authors



Florent (Amsterdam - HQ) was launched in 2017 by partners from BLIX and Höcker Advocaten, and now consists of about 35 lawyers. It has a strong focus on corporate/M&A, commercial and corporate litigation, banking and finance, and insolvency and restructuring. The firm employs real estate, employment and intellectual property experts in support of its focus areas, so is able to assist clients throughout a company’s life cycle, from start-up to investment round, from acquisition to litigation, and from financial distress to exit. The Insolvency team is appointed by the courts as bankruptcy trustees or administrators in the largest bankruptcies in the Netherlands. It also advises companies in distress, lenders, borrowers and financial institutions, as well as other creditors and counterparties, on all aspects of debt recovery, restructuring and insolvency. In addition to the team’s strong roots in domestic practice, the firm has excellent capabilities for and experience in dealing with cross-border/international and complex cases (including INSOL Fellows). Florent is the only major firm in the Netherlands with a substantial asset recovery practice, so can assist with cross-border asset recovery, fraud litigation (prosecuting civil claims for fraud) and financial fraud investigations.

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