2019
  • aug
    2019
    ———

    Finalising the liquidation of the last Dutch Enron entities following arguably the highest profile collapse in recent history in a mandate in which we are involved since 2004.

    Insolventie en herstructurering
  • jul
    2019
    ———

    Acting for the management participation vehicle in the EUR 1.6 billion refinancing of IHC Merwede Holding, one of the largest Dutch shipbuilders, including a EUR 120 million fresh capital injection provided by a consortium of (mainly) banks, Rabo Capital, holders of share certificates and a financial investor.

    Insolventie en herstructurering Corporate / M&A
  • mei
    2019
    ———

    Assisting Roto Smeets Group, part of a group with a EUR 1 billion turnover and one of the largest Dutch print businesses, in its restructuring and subsequent bankruptcy liquidation.

    Insolventie en herstructurering
  • apr
    2019
    ———

    Assisting the municipality of Enschede in helping Dutch premier league football club FC Twente with its successful bid to survive a period of prolonged financial distress.

    Insolventie en herstructurering Europees recht, staatssteun en mededingingsrecht
  • mrt
    2019
    ———

    Appointed to effect the administration (and ultimate closure) of the Europe Islamic University of Applied Sciences, a politically sensitive case conducted in full public view.

    Insolventie en herstructurering
  • jan
    2019
    ———

    Appointed administrator over Eye Media, a group of television production companies making programmes for some of the main broadcasting channels, including the popular RTL4.

    Insolventie en herstructurering
  • 2018
  • dec
    2018
    ———

    Acted for Rabobank on the collection of a receivable, pledged in its favour. In court proceedings in respect of the collection of the receivable, an objection to jurisdiction of the District Court of Amsterdam was filed on the basis that a pledgee should not be allowed to rely on a choice of forum in the underlying agreement between the pledgor and its counterparty. On behalf of Rabobank, we successfully opposed the objection both in the first instance and on appeal.

    Insolventie en herstructurering Financiering en zekerheden Commerciële contracten en procesrecht
  • sep
    2018
    ———

    Acted for BB Capital, a Dutch private equity firm, in its dispute with a trustee over the  bankruptcy of De Combi Group. Proceedings before the Rotterdam court after submission of several procedural injunctions.

    Insolventie en herstructurering Corporate litigation
  • aug
    2018
    ———

    Acted as legal counsel for a Japanese listed company (net sales of approx. €1.9 billion) in order to avoid the requested reopening of the liquidation process of one of its Dutch subsidiaries.

     

    Insolventie en herstructurering Corporate litigation
  • jul
    2018
    ———

    Acted as legal counsel for the municipality of Enschede in its capacity as creditor of the professional football club FC Twente, who initiated a restructuring plan to restore the long-term viability of the club.

    Insolventie en herstructurering Europees recht, staatssteun en mededingingsrecht
  • jul
    2018
    ———

    Acted as the bankruptcy trustee of Mr G. Kan, accused of involvement to de-fraud the Municipality of Rotterdam over the politically sensitive Rotterdam Waterfront Project.

    Insolventie en herstructurering
  • jul
    2018
    ———

    Acted for ECR - European Care Residences and Resorts with over 500 employees - on the restructuring and integration of its care and hospitality facilities into Blueprint Group.

    Insolventie en herstructurering Corporate / M&A
  • jun
    2018
    ———

    Assisted Dutch retail chain Men at Work in the run-off and divestment of its (60) stores, HQ, stock and brands.

    Insolventie en herstructurering
  • mei
    2018
    ———

    Defended Baars Beheer, an offshore and industrial company, based in Sliedrecht, active in construction, lease and sale of container pontoons and Split Hopper barges. Dispute conducted before the Enterprise Chamber. All charges were refuted and the company’s counter petition to intervene in the supervisory board was accepted.

    Insolventie en herstructurering Corporate litigation
  • mei
    2018
    ———

    Assisted AMST,  the Austrian, family-owned soft- and hardware development company for the aviation industry, to acquire the then insolvent Simteq simulator, software and technology business  for both Boeing 737 and Airbus A320.

    Insolventie en herstructurering Corporate / M&A
  • apr
    2018
    ———

    Assisted a group of funds with a €750m interest in the Revolving Credit Facility  provided to Hemisphere International Properties B.V., holding approx. €1,1 billion real estate for Steinhoff International Holding N.V., a South-African global retailer that is dual listed in Germany. Steinhoff deals mainly in furniture and household goods. It operates in Europe, Africa, Asia, the United States, Australia and New Zealand. As of August 2019, Steinhoff is active in 30 countries, with 12,000 retail outlets, 40 brands and approx. 130,000 employees.

    Insolventie en herstructurering Financiering en zekerheden
  • feb
    2018
    ———

    Acted initially as receiver and subsequently as a Court appointed bankruptcy Trustee in the wind-down of Pyroban Benelux B.V., the Dutch arm of a former Caterpillar business line specialising in explosion protection engine kits, components to engine OEMs and packagers in the oilfield markets. 

    Insolventie en herstructurering
  • jan
    2018
    ———

    Assisted Varova Fashion Group now known as Brand Retail Group (110 stores, 1500 people employed, €140m revenue p/a) and Standard Investment (as a shareholder) in negotiating an Amendment and Restatement relating to a Loan Facility Agreement with senior credit provider HIG WhiteHorse. Varova now focuses on its most successful brands Sissy Boy, Open 32 and Tumble ’n Dry. For news click here.

    Insolventie en herstructurering Financiering en zekerheden
  • 2017
  • sep
    2017
    ———

    Represented the CRO before the Enterprise Chamber in a corporate dispute over the restructuring of VADA, a metal recycling business. All charges were refuted. For the Court decision click here.

    Insolventie en herstructurering Corporate litigation
  • aug
    2017
    ———

    Advised the Profireal Group SE board on certain accounting matters. Profireal Group is a multinational company providing credit and financing services in Central and Eastern Europe with consolidated assets of approximately €400m.

    Insolventie en herstructurering
  • jun
    2017
    ———

    Advised the Flextra Group shareholders on the group’s restructuring and subsequent buy-out. Flextra is a temporary employment agency in the construction sector with approximately 1500 employees.

    Insolventie en herstructurering Corporate / M&A
  • mei
    2017
    ———

    Acted for management and owners of Verkerk Groep (technical installations) in minimising business interruption by selling the business to the French multinational Vinci Energies.

    Insolventie en herstructurering Corporate / M&A
  • mei
    2017
    ———

    Acted for (approx.) €120m turnover passenger transport organisation regarding its bank and the winding up of an unfortunate foreign investment.

    Insolventie en herstructurering Financiering en zekerheden
  • mei
    2017
    ———

    Assisted the management of education administrative support company Vizyr now known as ONS (serving 400 schools and 8000 teachers/educational employees) to attempt to resolve  a commercial contract cancellation with its main customer.

    Insolventie en herstructurering Commerciële contracten en procesrecht
  • apr
    2017
    ———

    Assisted in the restructuring and refinancing of a heavy lifting and heavy shipping business.

    Insolventie en herstructurering Financiering en zekerheden
  • feb
    2017
    ———

    Acted as co-counsel for a former owner/director of one of the largest Dutch flight training schools in defending his interests against the administrators of the training school in a successful business mediation.

    Insolventie en herstructurering Corporate litigation
  • jan
    2017
    ———

    Acted as a legal counsel advising various municipalities with a professional football club within their municipal territory on state aid aspects when the municipality is involved with buying, selling, restructuring and building a stadium. The area of state aid often goes with other practice areas, such as restructuring, insolvency and corporate law.

    Insolventie en herstructurering Europees recht, staatssteun en mededingingsrecht
  • jan
    2017
    ———

    Acted as the court appointed bankruptcy trustee for the Dutch arm of Fontijne Grotnes group, one of the world’s leading innovative equipment manufacturers and headquartered in Vlaardingen. Fontijne has facilities in Vlaardingen, The Netherlands and in Niles, Michigan, USA, in addition to regional sales and service offices in China, Korea, Japan, India and Russia.

    Insolventie en herstructurering
  • 2016
  • dec
    2016
    ———

    Advised on group restructuring and subsequent equity participation in a shipyard.

    Insolventie en herstructurering Corporate / M&A
  • okt
    2016
    ———

    Acted for a family-owned retail chain in relation to participation in the company by a private-equity-owned foreign strategic investor.

    Insolventie en herstructurering Corporate / M&A
  • sep
    2016
    ———

    Acted as Dutch counsel for (several parts of) a financial institution holding substantial amounts of fixed rate bearer notes issued by PTIF BV and guaranteed by Oi S.A. under their € 7,500,000,000.00 Medium-Term Note Programme.

    Insolventie en herstructurering Financiering en zekerheden
  • aug
    2016
    ———

    Assisted management in both turnaround and balance sheet restructuring of Cleanlease - annual turnover €130m - a group of companies active in leasing and laundering of linens and clothing. The assignment encompassed protection of secured refinancing against an injunction before the Enterprise Division of the Amsterdam Court of Appeal; for the decision click here.

    Insolventie en herstructurering
  • jul
    2016
    ———

    Successfully advised the municipality of Eindhoven on state aid procedure (article 108(2) TFEU) in respect of the sale-and-lease-back transaction between the municipality and the professional football club PSV. On 4 July 2016, the Commission decided that the measure of the municipality in favour of PSV did not constitute state aid in the meaning of 107(1) TFEU (PbEU 19.10.2016, L282/75).

    Insolventie en herstructurering Europees recht, staatssteun en mededingingsrecht
  • jul
    2016
    ———

    Acted as court-appointed director of the Centre for the development of logistics and transport in Europe (CETLE), a foundation involved in EU-supported transport related projects.

    Insolventie en herstructurering
  • mei
    2016
    ———

    Acted as bankruptcy trustee of the MS Megan-C, a €20m, 9,530 tonne (DWT) multipurpose vessel, built in 2011 and registered on the Isle of Man.

    Insolventie en herstructurering
  • apr
    2016
    ———

    Acted for Coface and Glencore Grain in relation to (the bankruptcy of) Abengoa Bioenergy Netherlands B.V., a large bio-ethanol producer. Part of the Abengoa Group, a Spanish multinational corporation, it holds companies within the energy, telecommunications, transportation and environment sectors, with 13,341 employees and showing €330m turnover as of March 2019. 
     

    Insolventie en herstructurering Financiering en zekerheden
  • mrt
    2016
    ———

    Acted for the municipality of Enschede in the rescue of premier division  FC Twente and for the municipality of Venlo in the refinancing of second division football club VVV Venlo.

    Insolventie en herstructurering Europees recht, staatssteun en mededingingsrecht
  • feb
    2016
    ———

    Acted as counsel to Great American in its tender for the winding-up of V&D and Macintosh.

    Insolventie en herstructurering
  • jan
    2016
    ———

    Acted as bankruptcy trustee of VLM Nederland B.V., a flight crew entity employing 75 people.

    Insolventie en herstructurering
  • 2015
  • dec
    2015
    ———

    Acted as defence counsel to one of the non-executive board members in the D&O settlement with the trustee of the listed and bankrupted small-cap Innoconcepts.

    Insolventie en herstructurering Corporate litigation
  • okt
    2015
    ———

    Acted as one of the bankruptcy trustees over Rijnmond Energy, an 820 megawatt and €0.5 billion, base load power plant in the Rotterdam area.

    Insolventie en herstructurering
  • sep
    2015
    ———

    Acted for a general hospital (annual turnover €300m) in the structuring to optimise its private initiatives, both from a tax and a governance perspective.

    Insolventie en herstructurering Corporate / M&A
  • jun
    2015
    ———

    Acted on behalf of De Viersprong, a highly specialised mental healthcare institute (GGZ) employing over 300 people, in its successful standstill and turnaround negotiations with its financiers, institutional creditors, the WFZ (healthcare guarantee sector fund) and the relevant healthcare insurers.

    Insolventie en herstructurering
  • mei
    2015
    ———

    Acted for Great American in the successful bid for the bankrupted Schoenenreus business.

    Insolventie en herstructurering
  • jan
    2015
    ———

    Acted for Alteri in the bidding process for bankrupted retailer Mexx.

    Insolventie en herstructurering
  • 2014
  • dec
    2014
    ———

    Acted as envisaged bankruptcy trustee/prepack administrator for healthcare institute STMG (3000 people employed), contributing to its entirely solvent liquidation and divestment process within a four months’ timeframe.

    Insolventie en herstructurering
  • nov
    2014
    ———

    Appointed on an annual basis as trustee of OW Bunker and OW Global Trading, two OW Bunker subsidiaries with an annual turnover of €1.5 billion. OW Bunker is one of the world's biggest players in oil bunkering.

    Insolventie en herstructurering Financiering en zekerheden
  • okt
    2014
    ———

    Acted for the lessor and owners of bankrupted Nedstaal, one of the world’s leading production facilities of steel and ball bearings for the automotive manufacturing industry.

    Insolventie en herstructurering
  • sep
    2014
    ———

    Acted for an educational institute to address fundamental strategic issues.

    Insolventie en herstructurering
  • aug
    2014
    ———

    Acted as silent trustee over a financially regulated company active in the leisure industry to oversee its refinancing for the foreseeable future.

    Insolventie en herstructurering
  • jun
    2014
    ———

    Advised an ad hoc committee of bondholders on Dutch law aspects of an international restructuring.

    Insolventie en herstructurering
  • mei
    2014
    ———

    Engaged to assist a parental initiative in successfully restarting a failed yet unique day care centre, being the oldest one in Rotterdam.

    Insolventie en herstructurering
  • apr
    2014
    ———

    Acted on a pro bono basis to help an employees' initiative to restart iconic Rotterdam bookstore 'Donner'.

    Insolventie en herstructurering
  • mrt
    2014
    ———

    Acted as trustees in the bankruptcy of KPNQwest N.V., a top 25 AEX listed telecommunication company with a €2.2 billion deficit, in a lawsuit against its parent, joint venture partners Qwest Communications and KPN and certain executive and non-executive directors. After years of litigation on both sides of the Atlantic, the matter was settled for €260m, possibly the largest D&O liability settlement on Dutch territory to date.

    Insolventie en herstructurering
  • 2013
  • dec
    2013
    ———

    Acted in a bond restructuring for the management of a Dutch holding company of a power electronics and PV inverter manufacturer.

    Insolventie en herstructurering
  • aug
    2013
    ———

    Acting as co-trustee in the restart of lingerie brand Marlies Dekkers.

    Insolventie en herstructurering
  • mei
    2013
    ———

    Acted for a privately owned outplacement and re-employment company on loan term negotiations with its lenders.

    Insolventie en herstructurering
  • mei
    2013
    ———

    Advised a global player in the oil and chemical services industry, successfully steering the company clear of insolvency.

    Insolventie en herstructurering
  • apr
    2013
    ———

    Advised the shareholders of a biogas plant on the various restructuring options for the company.

    Insolventie en herstructurering
  • jan
    2013
    ———

    Assisted High Speed Alliance and Dutch National Railways to reach a temporary replacement for the Fyra line to Brussels.

    Insolventie en herstructurering
  • 2012
  • nov
    2012
    ———

    Assisted Allianz in reaching a settlement in international (Canadian) litigation involving a Dutch insolvent insured party.

    Insolventie en herstructurering
  • okt
    2012
    ———

    Advised NedCar in its successful rescue through a deal with BMW and VDL.

    Insolventie en herstructurering
  • sep
    2012
    ———

    Advised TBI Holdings on supply issues caused by the insolvency of a subcontractor to one of its business units.

    Insolventie en herstructurering
  • aug
    2012
    ———

    Acted for the Dutch part of the US Chapter 11 restructuring of ATP Oil & Gas, a Houston-based developer of oil and natural gas in the Gulf of Mexico and the North Sea.

    Insolventie en herstructurering
  • jul
    2012
    ———

    Acted as lead counsel for TBI Holdings, a major Dutch construction company, in the successful acquisition of mid-size bankrupted building company Groothuis.

    Insolventie en herstructurering
  • jun
    2012
    ———

    Acted for the Pink & Nelson management in the successful governance stabilisation of its business.

    Insolventie en herstructurering
  • feb
    2012
    ———

    Acted for Dutch National Railways in the restructuring of the HSL-Zuid (high speed) activities.

    Insolventie en herstructurering
  • 2011
  • dec
    2011
    ———

    Acted as bankruptcy trustee in the liquidation of Atta Makelaardij, historically one of the larger, regional real estate agents.

    Insolventie en herstructurering
  • dec
    2011
    ———

    Acted as counsel to a listed Dutch multinational, active in the field of nutritional supplements, to assure continuity in the services of one of its key suppliers.

    Insolventie en herstructurering
  • nov
    2011
    ———

    Acted for the management of Dutch finance company Q-Cells in the restructuring (and sale) of the German solar energy equipment producer Q-Cells SE.

    Insolventie en herstructurering
  • nov
    2011
    ———

    Acted for the management of the Dutch finance company of Q-Cells in the restructuring (and sale) of the German solar energy equipment producer Q-Cells SE, a company with, at the time, an annual turnover of €1 billion and employing 2,000 people.

    Insolventie en herstructurering
  • apr
    2011
    ———

    Acted as Dutch counsel to the REIT’s facility agent holding parts of the Karstadt Quelle real estate portfolio.

    Insolventie en herstructurering
  • mrt
    2011
    ———

    Acted for Gemeente Amsterdam to resolve issues for Stedelijk Museum following the bankruptcy of building company Midreth.

    Insolventie en herstructurering
  • feb
    2011
    ———

    Acted as liquidator in the solvent liquidation of one of the largest Spanish co-operative firm’s holding companies.

    Insolventie en herstructurering
  • 2007
  • jan
    2007
    ———

    Assisted the German administrator of (parent co of) BenQ Mobile Holding BV, the holdco for the former German BenQ-Siemens mobile phone division. The company was eventually disbanded when a suitable buyer could not be found. This resulted in around 2,000 BenQ Mobile employees losing their jobs.

    Insolventie en herstructurering
  • 2005
  • mrt
    2005
    ———

    Acted as liquidator of the majority of the Enron entities in the Netherlands, subsidiaries of Enron Corp., an American energy, commodities and services company that failed due to one of the largest accounting scandals in the world.

    Insolventie en herstructurering
  • 2004
  • jan
    2004
    ———

    Acted as Dutch counsel for Dr. Bondi, the special administrator appointed by the Italian Government over Parmalat, a multinational Food and Dairy corporation, which collapsed in 2003 leaving a GBP£13 billion hole in its accounts. This  remains Europe’s biggest bankruptcy case. At the time, four Dutch (finance) vehicles represented more than four billion (€ 4,000,000,000,) of the group’s debt: following the debt-for-equity based restructuring they were, eventually,  liquidated in 2016.

    Insolventie en herstructurering