Restructuring, Insolvency & Distressed Situations
Finding solutions for those in financial distress, no matter how large or complex the challenge is. NautaDutilh's Benelux Restructuring & Insolvency team guides its clients through the worst of times.
Our Benelux team has exceptional capabilities and litigation expertise, plus the necessary resources, to deliver the optimal outcome in any distressed situation. We are the top tier firm for R&I in our jurisdictions - the Netherlands, Luxembourg and Belgium - and work together with all leading law firms in the UK, US, France, Germany and across the globe. Our team and its members are consistently ranked in the highest tiers in all major rankings.
When it comes to the relevant commercial issues, our lawyers have their fingers on the pulse and inherently understand the need to achieve a solution. Acting for all stakeholders – banks, corporates, sponsors, alternative debt providers, bondholders, board members, suppliers, bankruptcy trustees and global law firms – allows us to approach situations viewed from the perspective of all parties. And in doing so, consider all options.
In 2020, the R&I team successfully assisted the syndicate of banks in the restructuring and refinancing of Royal IHC. Implementation of the restructuring took place through enforcement of share security before the Netherlands Commercial Court. We also advised bondholders of Lebara on a contested, coercive share pledge enforcement (approved by a Dutch court in 2019) and worked with them on the subsequent restructuring of the group’s capital structure. And in 2019, we helped to resolve the Airopack restructuring that was brought before the Netherlands Commercial Court – the first matter this court heard and a first successful credit bid in the Netherlands. These cases build on a long tradition of establishing landmark R&I case law.
The size of our team, together with the extent of our expertise and domestic and cross-border experience, enables us to act at speed and with the firepower required in distressed situations. And we can rely on NautaDutilh's robust finance, insolvency, litigation, corporate and tax groups – including many dedicated specialists who have handled the gamut of restructuring and insolvency cases.
The R&I lawyers at NautaDutilh often work jointly with other leading international law firms including those in the US, UK and France, in transactions and insolvency litigation in other jurisdictions.
An unparalleled track record, sound technical expertise, deal implementation skills, strategic savvy, and the ability to deliver the workable solutions that help our clients move forward, makes the premier choice in restructurings – both consensual and in-court.
The Team Leads
Our team consists of distinguished litigators, successful dealmakers and restructuring experts from our offices in Amsterdam, Rotterdam, Brussels, Luxembourg, London and New York. The team is led by the following leading Benelux lawyers:
Robert van Galen A meticulously thorough and learned litigator who sits on the Board of the American College of Bankruptcy.
Sophie Jacmain An experienced litigator who has acted in a wide range of insolvency and out-of-court or in-court restructuring proceeding.
Marc Orval A talented lawyer who clients praise for his excellent business sense and an aptitude for clear documentation and structuring.
Barbara Rumora-Scheltema A skillful negotiator with a detailed understanding of the legal technicalities and position of all parties.
Romain Sabatier A commercial and pragmatic Luxembourg-based lawyer with broad international experience.
Teun Struycken A highly accomplished and acclaimed dealmaker and asset-based lending specialist.
We pride ourselves on routinely setting the trend for innovative solutions, both in domestic insolvencies and cross-border restructurings. Recent examples include:
- Agrokor (2018, Restructuring Deal of the Year IFLR Europe Awards 2020)
- Lebara (2019) and
- Royal IHC (2020).
The team has helped to establish landmark case law over the years, both before domestic courts and the European Court of Justice. Examples include Ogem (1982), UPC (2000), Yukos (2005), Kroymans (2009), Schoeller Arca (2009), Eurocommerce (2012), Schoenenreus (2013), Estro (2017), and Airopack (2019).
Meet the team leadsSee the whole team
What others say
- 'They provide commercial advice, clear communication, timely responses, good strategic appreciation, value for money.' (The Legal 500, the Netherlands, 2020)
- 'It is a strong well balanced team with excellent knowledge on insolvency and security rights especially in the Netherlands but also Europe and US related.' (The Legal 500, the Netherlands, 2020)
- 'High-level legal analysis together with a very pragmatic approach on the cases, very responsive, good knowledge of the people involved in restructuring and insolvency in Belgium.' (The Legal 500, Belgium, 2020)
- 'We greatly appreciated the quality of the service, their responsiveness and proactive attitude in a cross-border transaction, where the coordination with the various actors involved and the responsiveness are critical.' (IFLR1000, Luxembourg, 2020)
- Clients describe the Restructuring & Insolvency team as "first class". (Chambers Europe, the Netherlands, 2020)
- 'The team's handling of the matter was outstanding and ended up achieving the optimal possible outcome.' (Chambers Europe, the Netherlands, 2020)
- 'I like that they have the creativity to develop strategic options and a large enough team to handle bigger cases.' (Chambers Europe, the Netherlands, 2020)
- With "very broad experience and knowledge", NautaDutilh forges "great working relationships" with clients. (The Legal 500, the Netherlands, 2019)
- Interviewees laud the team as "one of the best restructuring firms in the Netherlands". (Chambers Europe, the Netherlands, 2020)