Restructuring and insolvency in Netherlands
Allen & Overy LLP
Allen & Overy LLP has a 'committed, skilled, and international team that is also fun to work with'. The team assists syndicates of lenders and distressed companies with a range expertise in workouts and turn arounds as well as insolvencies. Leading advisor Sigrid Jansen led the team which assisted the Vroon Group on the restructuring of its 22 bilateral financing arrangements which amounted to around €1.5bn in various jurisdictions. Aroen Kuitenbrouwer and Andrew Thomas are also recommended.
Ruud Hermans, Reinout Vriesendorp, and Ferdinand Hengst are the senior member of the De Brauw Blackstone Westbroek group which offers international restructuring solutions and insolvency expertise to financial institutions, multinationals, investors, and management teams. The team assisted Chicago Bridge & Iron on a range of financial restructurings which involved renegotiating a multi-billion debt package with numerous banks.
Houthoff is credited with being 'a well-coordinated, clearly led team that quickly understands the business, the issues, and drives for results'. Team head Frédéric Verhoeven 'remains his calm and composed self under all circumstances making sure you get what you need'. Gerhard Gispen and Christiaan Zijderveld are other key members of a team. Recent work includes acting for American Industries Partners over two years in a complex restructuring of the Goss Group, through which bankruptcy was avoided.
With 'very broad experience and knowledge', NautaDutilh forges 'great working relationships' with clients. Insolvency specialist Robert Van Galen heads the team; Barbara Rumora-Scheltema and Teun Struycken are notable practitioners. The team acts for various financial institutions including Deutsche Bank and BNP Paribas. In recent work, the group advised the Croatian corporate Agrokor on its major and complex restructuring after a crisis in respect of its €5.8bn of debt – a successful settlement plan was constructed. The team frequently works with recommended London-based partner Marc Orval.
Lawyers at Stibbe 'know what they are doing – and they are doing it right'. Toni van Hees is the seasoned head of a team that includes Job Van Hooff and which provides 'swift and always practical ways forward'. The group's comprehensive expertise covers insolvencies and restructurings for domestic and international clients and is often appointed by courts to act as bankruptcy trustee or administrator. The team is counsel to North Sea Ports in connection with the bankruptcy of Thermphos, one of the world’s largest producers of phosphorus.
AKD's team 'has a longstanding history, is highly qualified, and has a no-nonsense and pragmatic approach'. Team leader Barend de Roy van Zuidewijn is recommended for his extensive insolvency experience, while Paul Peters, who is noted as being an 'experienced and balanced liquidator', is the bankruptcy trustee in the high-profile bankruptcy of Royal Imtech. Counsel Marc Goethals is also recommended for his 'broad experience as a bankruptcy trustee, working for clients on insolvency issues, and for being a mediator and litigator in recovery cases'.
At Baker McKenzie, Robert van Agteren heads the team and offers litigation and arbitration expertise together with corporate recovery restructuring. Counsel Fedor L Tanke handles a range of restructuring and banking and finance transactions for corporations and Dutch and German financial institutions; he acted as counsel to Landesbank Baden Württemberg in connection with a restructuring of a Dutch DIY stores real estate portfolio.
Clifford Chance has a 'practical approach aimed at getting a deal done' and is noted for being able to handle 'multi-lender negotiations, steer the process and manage dissenting parties'. Jelle Hofland, who is 'deal driven and creates a vibe aimed at finding solutions', co-heads the group with Ilse van Gasteren; they advised the shareholders and secured lenders on the consequences of the second bankruptcy of the international clothing retail company McGregor Fashion Group Holding.
The CMS group assists national and international clients on corporate recoveries and insolvencies with a focus on turnarounds. The team is acting as silent administrator, court-appointed administrator, and trustee in the bankruptcy of Portugal Telecom International Finance, a high profile, cross-border insolvency proceeding valued at €4bn. Jan Willem Bouman and Marcel Groenewegen are two of the senior partners and Marc van Zanten, who frequently acts as a court-appointed administrator, 'beams self-confidence and class'. van Zanten often works with the 'pleasant and knowledgeable' associate Wilmy Westerhof.
Wouter Jongepier and Krijn Hoogenboezem are the leading lawyers at Dentons. The department assists a range of domestic and multinational clients and also act as court-appointed receivers. The team's work includes acting for Breevast on the restructuring of its €700m real estate portfolio. It is also acting as bankruptcy trustee on the high-profile Estro insolvency, which has generated proceedings by a union and former employees and an ECJ ruling on the applicability of a pre-pack procedure.
Florent 'is a small law firm with an enormous footprint in the insolvency market, especially retail, which it serves with high-quality lawyers'. It is equally noted for having 'many experienced insolvency professionals to cope with large, high-pressure bankruptcies'. Both Hanneke de Coninck and Kees van de Meent 'are great to work with and have a good forward-looking approach'. De Coninck-Smolders was appointed by the Amsterdam District Court as the administrator in the suspension of payments of ten companies of the Doniger Fashion Group. The team is also assisting the G3 Group in the restructuring of its balance sheet, partial insolvency, and restructuring proposal for its various lenders and financiers. Rob van den Sigtenhorst is also a notable member of the team.
Freshfields Bruckhaus Deringer
Freshfields Bruckhaus Deringer provides banking and litigation services in addition to restructuring and insolvency expertise to bank and corporate clients. Michael Broeders, who is on the board of INSOLAD, is advising the former CEOs of Oi (who were also the former directors of its Dutch financing vehicle), in relation to proceedings brought against them by creditors, a matter valued at over €1.5bn.
Loyens & Loeff combines cross-border capability and tax expertise with restructuring and insolvency. Following a period in the London office, Vincent Vroom now heads the Dutch practice and is recommended for 'his unlimited knowledge and being one of the best in the field of bankruptcy' and 'a great creative thinker'. The team advised Sun Capital in the restructuring and subsequent bankruptcy of Vroom & Dreesman. Hendrik van Druten is also a noted team member.
With a 'pragmatic and hands-on approach', the Van Doorne restructuring and insolvency team includes litigation and enforcement specialists. Lender side clients of team leader Stefan van Rossum include ABN AMRO and Aareal Bank and he is undertaking a number of cases on behalf of Rabobank. Together with associate Jelmer Baukema, van Rossum is advising on the restructuring of the Ter Haak Group.
At Wijn & Stael Advocaten N.V., many of the team's lawyers also act as court-appointed trustees. Willem Jan van Andel, who can 'quickly come to the point of a case', acted for V&D, the largest department store in the Netherlands, while Noor Zetteler and Remco Vermaire, who is 'hands-on and has a good feeling for business', acted for Rabobank and the trustees in several proceedings concerning the bankruptcy of Eurocommerce – the total claim exceeded €400m.
DLA Piper is appreciated for its 'in-depth knowledge and experience'. Practice head Marc Molhuysen and his team 'are able to quickly and practically come to a solution for disputes and are very pleasant to deal with'. The group's cross-border capabilities are a hallmark; it is advising the bankruptcy trustee of the Bakker group on the co-ordinated sale of its Dutch and European assets and is running the distressed M&A process.
Jones Day is acknowledged for its 'strong practice as bankruptcy trustees' as part of a broad practice encompassing corporate and financial restructurings. Team head Jasper Berkenbosch is highlighted for his role as a 'bankruptcy trustees in large bankruptcies and for his pragmatic approach – he can always be trusted to consult with stakeholders so as to reach the outcome that works for everyone'. He is leading the team advising International Automotive Components Group on its global restructuring and refinancing. Coen E. Drion and Gerjanne te Winkel are other core team members.
Linklaters tackles corporate rescues and financial restructurings including multi-jurisdictional cases as well as insolvency or enforcement of securities. Mees Roelofs is the key team member whose restructuring practice includes a focus on real estate workouts. The team's client roster includes ABN AMRO, ING Bank, Société Générale, and Rabobank.
The Norton Rose Fulbright group advises financial institutions, distressed companies, secured creditors, and management teams on restructurings and insolvencies and, with its international network of offices, also offers a range of broad financial and corporate expertise.
With offices in Eindhoven and Maastricht, Boels Zanders Advocaten is highlighted for its extensive experience in insolvency matters and 'the insolvency practice is not just an extension of finance – partners have acted as administrators and trustees as well and they know how insolvency matters are dealt with in practice'. 'Highly skilled' partner Peter Brouns 'is able to translate difficult legal language into normal business practice'; Jeroen Bakkers and Flip Schreurs, who is president of the Dutch association of insolvency lawyers, are other senior advisers in the team. Scheurs is one of the insolvency trustees of the Lips Group, which had €650m of outstanding loans with several Dutch banks and which involved numerous bankruptcy proceedings.
Jan Padberg and Johan Westerhof head a team at HVG Law LLP which is especially strong in trustee-related work; it acted as the trustee of Charles Vögele which had a turnover of around €60m. Associate partner Robin de Wit is acting as the trustee of Daan Auctions, a company that organised auctions for trustees in bankruptcy cases.
Windt Le Grand Leeuwenburgh is appreciated for its 'strategic approach and in-depth knowledge'. The team includes Richard le Grand, who is 'a pleasure to work with' and is a 'trusted advisor', along with Marcel Windt and Ruben Leeuwenburgh. The team takes on a range of R&I and corporate rescue cases and has a strong litigation arm. Recent work includes acting for Coface and Glencore in relation to the bankruptcy of Abengoa Bioenergy Netherlands, part of the Spanish multinational Abengoa.